City Hall

Transportation funding faces key test after Mayor Lee flips on VLF increase UPDATED

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Facing a deadline of tomorrow’s [Tues/10] San Francisco Board of Supervisors meeting to introduce measures for the November ballot, advocates for addressing the city’s massive long-term transportation funding gap still hope to introduce an increase in the local vehicle license fee, even though the once-supportive Mayor Ed Lee has gotten cold feet.

While Lee and all 11 of the supervisors support a $500 million general obligation bond that would mostly go toward capital improvements for Muni — a measure almost certain to be approved by its July 22 deadline — the local VLF was originally presented by Lee as a companion measure to fund Muni, street resurfacing, and bike and pedestrian safety improvements.

But when Lee got spooked by a poll in December showing 44 percent voter approval for increasing the VLF and the need to actually do some campaigning for the measure, he withdrew his support and left cycling, streets, and safety all severely underfunded. A report last year by the Mayor’s Transportation Task Force pegged the city’s transportation infrastructure needs at $10.1 billion over 15 years, recommending just $3 billion in new funding to meet that need, including the embattled VLF measure.

“It’s important for us to move forward with the local VLF,” Sup. Scott Wiener, who has taken the lead on ensuring local term transportation funding, told the Guardian. “If this is not the right election, then we have to say which election we will move this forward.”

But so far, Wiener hasn’t gotten a commitment from the Mayor’s Office, with which he says he’s still in active talks. The Mayor’s Office also hasn’t returned Guardian calls on the issue. If Wiener doesn’t get an assurance that the VLF will go before voters, then he says that he’ll push another fall ballot measure that he introduced May 20, which would increase the city General Fund contribution to Muni as the population increases, retroactive to 10 years ago (thus creating an initial increase of more than $20 million annually).

“It would be in lieu of the VLF, not in addition to it,” Wiener said the rival measure, noting that he prefers the local VLF, a stable and equitable funding source that wouldn’t cut into other city priorities. [UPDATE 6/10: Wiener said he received a commitment from Lee to place the VLF increase on the 2016 ballot, so he is dropping his measure to increase Muni funding as the population increases].

Sen. Mark Leno spent about 10 years winning approval for the authorizing state legislation that authorizes San Franciscans to increase the VLF, enduring two governors’ vetoes along the way before getting Gov. Jerry Brown to sign it into law last year.

Wiener notes that the measure would increase the VLF in San Francisco to 2 percent, restoring it its longtime level before Arnold Schwarzenegger used a VLF reduction as a campaign issue to get elected governor, slashing it to 0.65 percent in 2003.

“That action by Gov. Schwarzenegger has deprived California of about $8 billion per year,” Wiener told us. “This is not some newly minted fee, it restores the VLF to what it was going back to the ‘50s.”

San Francisco Bicycle Coalition Director Leah Shahum said she was disappointed that Lee didn’t follow through on his commitment to fund bike and pedestrian safety improvements through the local VLF, but she said there is wide support on the board for the measure.

“Tomorrow is the big day, but we’re hearing real strong support for the measure,” Shahum told us. “I feel strongly there will be eight supervisors committed to introducing the measure.”

That two-thirds vote threshold is part of the legislation that enabled San Francisco to increase its VLF, but Shahum said she believes there is that level of support on the board for doing the VLF increase this year, which the SFBC would actively campaign for.

“The whole idea was these things would go as a package,” Shahum told us. “This is a huge deal for us. Give the voters a chance to vote for safe and smooth streets.”   

Lee’s abandonment of the VLF comes in the wake of his SFMTA appointees’ repeal of Sunday parking meters, which Lee said was driven by a desire to win over car-driving voters for his transportation measures. Last month on Bike to Work Day, Lee and other city officials also touted the measures as important for bike project, although Shahum said the general obligation bond does little for cyclists, except for an allocation for renovating Market Street. 

“There is not a desigination for bike safety and infrastructure, that was goign to be all in the VLF measure,” Shahum said. 

Wiener cited the long road that Leno traveled to give San Franciscans that opportunity as a reason to move forward with increasing the VLF, a progressive tax that charges more for luxury cars than old beaters used by the working class, but Leno was a bit more circumspect about the situation.

“If it taught me anything, it’s patience,” Leno told us about the long road to let San Francisco authorize a higher VLF. “As with anything in the world, timing is everything.”

Leno said support from labor, the business community, and all of City Hall’s top leaders are all necessary to win voter support for increasing the VLF, so it’s crucial that everyone is enthusiastically on board. “I think we may only have one shot, so when we go to the ballot, we need to have our coalition intact.”

Without commenting on the wisdom of delaying the vote this year, Leno said that if that happens, it’s crucial to get everyone to commit to passing it in 2016, a position Wiener also supports.

“There are times when we need to have a long view,” Leno told us. “But one way or the other, we have to get serious about identifying dedicated revenue to invest in Muni or we will all pay a serious price.”

 

To participate in a public forum on this and related matters, please join us this Thursday evening for “Bikes, Buses, & Budgets: How to create the transportation system San Franciscans needs.” This Bay Guardian community forum, from 6-8pm at the LGBT Center (1800 Market), will feature Wiener; SFBC community organizer Chema Hernandez Gil; Jason Henderson, an urban geography professor at SFSU who writes the Guardian’s monthly Street Fight column; and others, moderated by yours truly. It’ll be fun, informative, and one lucky attendee will leave with a A2B electric bike as part of a free raffle at this free event.    

No Wall on the Waterfront wins big, Chiu prevails in Assembly race by slim margin

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Developers looking to build high-end luxury condos on the waterfront lost big last night. 

Proposition B, backed by a campaign committee known as No Wall on the Waterfront, won handily with a 19 percentage point lead at the polls. 

At the Yes on B campaign party at Sinbad’s, former Mayor Art Agnos described the outcome as a win for the people of San Francisco.

“I think this vote is a decisive vote,” Agnos said, “that sends a message to City Hall that people in San Francisco want to protect the waterfront.

The ballot measure will require voter approval for waterfront development projects that exceed established building height limits.

Most political experts predicted last night’s June primary election would result in record-low turnouts, since Governor Jerry Brown’s expected win meant no big-ticket votes on the ballot. The prediction was correct. All told, 22 percent of San Francisco registered voters cast ballots in the June 3 election. And though some provisional ballots and mail-in ballots will be counted over the next few days, the initial counts have Yes on B miles ahead.

At Oddjob, a SoMa cocktail bar, opponents of Prop B backers were in a grim mood on election night.

Patrick Valentino, a No on B spokesperson, said his camp had a “more complex message” to convey. He felt their thesis, arguing luxury condos take pressure off the housing market, wasn’t heard by voters.

Meanwhile, in the Assembly race for soon-to-be termed out Tom Ammiano’s seat, Board President David Chiu and Sup. David Campos emerged as the first- and second-place primary winners, respectively, setting them up to face off against one another in November as expected.

Chiu prevailed, with 48 percent to Campos’ 43 percent, a five percentage point lead. But from the start of the night to the end, Campos was able to close a gap that was initially larger, setting the stage for a close race in November

At his celebration, Chiu told supporters: “It feels good.” When early polling results showed Chiu much farther ahead, a finance staffer told the Guardian, “We’re surprised by the gap, we expected to be up, but not by this much.”

David’s father, Han Chiu, said “we are so proud.

But as more results came in, Campos was able to narrow the gap, finally trailing by a margin of about 3,000 votes.

Campos adressed his supporters at Virgil’s Sea Room, and as the crowd whooped and hollered, he took note of a few milestones.

Firstly, few progressive campaigns for Assembly had ever raised as much money as his had, which he thanked his staffers for.

And the numbers should make Chiu nervous, Campos said, because fewer voters turn out to the polls in the primaries.

“We’ve been very clear,” he boomed to the bustling crowd. “If Chiu doesn’t win by double digits [in June], we win in November.”

Reed Nelson contributed to this report.

Bay Guardian News Editor Rebecca Bowe, Staff Writer Joe Fitzgerald Rodriguez and freelancer Reed Nelson live-tweeted campaign parties throughout last night. Check out their tweets in a curated timeline, below.


Citizen Agnos comes on strong for Proposition B in support of his Athenian oath

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By Bruce B. Brugmann  (with the complete  text of Art Agnos speech  to the  May 21 dinner of San Francisco Tomorrow)

When Art Agnos was sworn in as mayor in 1988, he used the Athenian Oath that was taken by young men reaching the age of majority in Athens 2000 years ago.  He shortened the oath (as many did) to say: “I promise…upon my honor…to leave my city better than I found it.”

For Agnos, a Greek steeped in Greek traditions, the oath was a serious matter. “At the heart of our vision,” Agnos said in his inaugural address, “ is a refusal to let San Francisco become an expensive enclave  that locks out the middle class, working families and the poor. At the center of our strategy is a belief in the basic right of people to decent jobs and housing.”  

Twenty-six years later, Citizen Agnos was working hard  in private life to leave his city better than he had found it. He led a citizens’ movement that stopped the monstrous 8 Washington project, knocked the Warriors off the piers, forced the Giants to lower their  highrise expectations,  and promoted Proposition  B that would stop  the Wall on the Waterfront and require a public vote on any increases  to current height limits on port property.

 And Agnos is having the time of his life doing all this, as he made clear in his remarks to San Francisco Tomorrow, the one organization in town that has been manning the barricades in every major Manhattanization battle all these years  on the waterfront and everywhere else.  He enjoys taking on Mayor Lee and “the high tech billionaire political network that wants to control city hall and fulfill their vision of who can live here and where.” And he must relish  the Chronicle’s C.W.Nevius and the paper’s editors and their self-immolating bouts of hysteria.  

Agnos gave a splendid speech and confirms that he really is our best ex-mayor. I particularly liked his point about the “power to decide” on development. “Today that power to decide is in a room In City Hall. I know that room. I have been in that room. 

“You know who is in there? It is the lobbyists,..the land use lawyers…the construction union representatives..the department directors..and other politicians. You know who is not in that room. You.Prop B changes that dynamic and puts you in the room that matters. No more ‘advisory committees’ that get  indulged and brushed off. No more ‘community outreach’ that is ignored. It will all matter.”

Yes, yes, yes, a thousand times yes, on B and stopping the Manhattanization of the waterfront. b3

Agnos remarks to San Francisco Tomorrow 

I am delighted to speak to the members and friends of SFT about the waterfront tonight…and a special shout out to Jane Morrison as one of the pioneer professional  women in the media… and one of the  finest Social Service Commissioners in our City’s history. I also welcome the opportunity to join you in honoring tonight’s unsung heroes…Becky Evans with whom I have worked closely over the past year and half …Tim Redmond  the conscience of the progressive community for the past 35 years…Sarah Short and Tommi Avicolli Mecca from the Housing Rights Committee who stand up every day for poor and working people who need a voice in our city.

Twenty-four years ago in 1990, I made one of the best decisions of my mayoralty when I listened to the progressive environmental voice of San Francisco and ordered the demolition of the Embarcadero Freeway. That freeway was not only a hideous blight but also a wall that separated the city from its waterfront. Hard to believe today…but it was a very controversial decision back then… just 3 years before…in 1987 the voters had defeated a proposal by Mayor Feinstein to demolish it. The Loma Prieta Earthquake gave us a chance to reconsider that idea in 1990. Despite opposition of 22,000 signatures on a petition to retrofit the damaged freeway… combined with intense lobbying from the downtown business community led by the Chamber of Commerce, North Beach, Fisherman’s Wharf and especially Chinatown…we convinced the Board of Supervisors to adopt our plan to demolish the freeway… by one vote.

And the rest is history…until today. 

After a period of superb improvements that include a restored Ferry Building…the Ball park… new public piers where one can walk further out into the bay than ever before in the history of this city… the 
Exploratorium…the soon to be opened Jim Herman Cruise Ship terminal…Brannan Wharf Park…there is a new threat. Private development plans that threaten to change the environment of what Herb Caen first called “our newest precious place” …not with an ugly concrete freeway wall…but with steel and glass hi-rises that are twice as tall.

Today…the availability of huge amounts of developer financing …combined with unprecedented influence in city hall and the oversight bodies of this city…the Waterfront has become the new gold coast of San Francisco. Politically connected developers seek to exploit magnificent public space with hi-rise, high profit developments that shut out the ordinary San Franciscan from our newest precious place. We love this city because it is a place where all of us have a claim to the best of it…no matter what our income…no matter that we are renter or homeowner…no matter what part of the city we come from.

And connected to that is the belief that waterfront public land is for all of us…not just those with the biggest bank account or most political influence. 

That was driven home in a recent call I had from a San Franciscan who complained about the high cost of housing for home ownership or rent…the high cost of Muni…museum admissions…even Golden Gate Bridge tours and on and on. When he finished with his list, I reminded him I was mayor 23 years ago and that there had been 4 mayors since me,  so why was he complaining to me?
“Because you are the only one I can reach!” he said.

Over the past few weeks…that message has stuck with me.  And I finally realized why. This is what many people in our city have been seeking… someone who will listen and understand. Someone who will listen…understands… and acts to protect our newest precious place…our restored waterfront. You see…it was not just about luxury high-rise condos at 8 Washington last year…It was not just a monstrous 
basketball arena on pier 30-32 with luxury high-rise condos and a hotel across the street on public land. It’s about the whole waterfront that belongs to the people of San Francisco…all 7 and half miles of it… from the Hyde Street Piers to India Basin. And it must be protected from the land use mistakes that can become irrevocable. 

This is not new to our time…8 Washington and the Warriors arena were not the first horrendous proposals…they were only the latest. Huge… out of scale… enormously profitable projects… fueled by exuberant boosterism from the Chamber of Commerce… have always surfaced on our waterfront. 50 years ago…my mentor in politics…then Supervisor Leo McCarthy said, “We must prevent a wall of high rise apartments along the waterfront…and we must stop the filling in of the SF bay as a part of a program to retain the things that have made this city attractive.” That was 1964…

In 2014…Former Board of Supervisors President Aaron Peskin said it best this way…”It seems like every 10 years…every generation has to stand up to some huge development that promises untold riches
  as it seeks to exploit the waterfront and our public access to it.” Public awareness first started with the construction of the 18 stories of Fontana towers east and west in 1963. That motivated then Assemblyman Casper Weinberger to lead public opposition and demand the first height limits… as well as put a stop to 5 more Fontana style buildings on the next block at Ghirardelli Square. This was the same Casper Weinberger who went on to become Secretary of HEW and Secretary of Defense under President Ronald Reagan.

In 1970 the Port Commission proposed to rip out the then “rotting piers” of piers 1 – 7 just north of the Ferry Building. They were to be replaced with 40 acres of fill (3 X Union Square) upon which a 1200-room hotel and a 2400 car garage would be built. It passed easily through Planning and the Board of Supervisors. When the proposal was rejected on 22 to 1 vote by BCDC, Mayor Alioto complained, “We just embalmed the rotting piers.” No… we didn’t …we saved them for the right project…and if one goes there today… they see it…the largest surviving renovated piers complex with restaurants, walk in cafes, port offices, free public docking space, water taxis and complete public access front and back. 

In 2002… that entire project was placed on the U.S. National Historic Register. But my favorite outrageous proposal from that time was the plan to demolish another set of “rotting piers” from the Ferry Building south to the Bay Bridge. And in place of those rotting piers… the plans called for more landfill to create a Ford dealership car lot with 5000 cars as well as a new Shopping center. That too…was stopped.

So now it’s our turn to make sure that we stop these all too frequent threats to the access and viability of our waterfront.

In the past 2 weeks…we have seen momentum grow to support locating the George Lucas Museum on piers 30-32 or the sea wall across the Embarcadero.I love the idea…but where would we be with that one be if a small band of waterfront neighbors and the Sierra Club had not had the courage to stand up to the Warriors and City Hall 2 years ago. Once again they used the all too familiar refrain of “rotting piers” as an impending catastrophe at piers 30-32.

Proposition B will help prevent mistakes before they happen. Most of all… Prop B will ensure protection of the port on more permanent basis by requiring a public vote on any increases to current height limits on Port property.All of the current planning approval processes will stay in place…Port Commission…Planning commission…Board of Permit Appeals…Board of Supervisors…will continue to do what they have always done. But if a waiver of current height limits along the waterfront is granted by any of those political bodies…it must be affirmed by a vote of the people. Prop B does not say Yes or No…it says Choice. It is that simple. The people of SF will make the final choice on height limit increases on port property. 

The idea of putting voters in charge of final approval is not new. In the past the people of San Francisco have voted for initiatives to approve a Children’s budget…a Library budget…retaining neighborhood fire stations… minimum police staffing… as well as require public authorization for new runway bay fill at our airport. And at the port itself… there have been approximately 18 ballot measures to make land use and policy decisions.

So…we are not talking about ballot box planning…we are talking about ballot box approval for waivers of existing height limits on public property. Opponents like Building Trades Council, Board of Realtors, 
and Chamber of Commerce are raising alarms that we will lose environment protections like CEQA by creating loopholes for developers. 
Astonishing! 

Prop B is sponsored by the Sierra Club…Tonight we honor Becky Evans of the Sierra Club who sponsored Proposition B. That same set of opponents are joined by city bureaucrats issuing “doomsday” reports stating that we will lose thousands of units of middle class housing… billions of dollars in port revenues…elimination of parks and open space on the waterfront. Astonishing!

These are the same bureaucrats who issued glowing reports a couple of years ago that the America’s Cup would mean billions in revenue for the port and the city. And they wanted to give Oracle’s Larry Ellison 66-year leases to develop on 5 of our port piers for that benefit! Now…how did THAT work out? So far…city hall will admit to $11 million dollars in known losses for the taxpayers.

Another opponent… SPUR says any kind of housing will make a difference and there are thousands in the pipe line… so don’t worry.
Astonishing!

We have not seen one stick of low income or affordable housing proposed on the waterfront since the 80s and 90s when Mayor Feinstein and I used waterfront land for that very purpose. Hundreds of low-income housing dwellings like Delancey Street and Steamboat Point Apartments…affordable and middle class housing like South Beach Marina apartments and Bayside village comprise an oasis of diversity and affordable housing in the midst of ultra expensive condos. For me…that was part of an inaugural promise made in January 1988…I said, “At the heart of our vision is a refusal to let San Francisco become an expensive enclave that locks out the middle class, working families and the poor. At the center of our strategy is a belief in the basic right of people to decent jobs and housing. 

Yes…that was the commitment on public land on the waterfront by 2 mayors of a recent era… but not today. Indeed…San Francisco has been rated the #1 least affordable city in America…including NY Manhattan. That is one of the many reasons we see middle class  people…as well as working poor…being forced to leave San Francisco for Oakland and elsewhere in the bay area. That reality was reinforced in the February 10, 2014 issue of Time Magazine…Mayor Lee said, “I don’t think we paid any attention to the middle class. I think everybody assumed the middle class was moving out.”

Today…An individual or family earning up to $120,000 per year …150 per cent of the median in this city… do not qualify for a mortgage and can’t afford the rent in one of the thousands of new housing units opening in the city. The Chronicle reported a couple of weeks ago that a working family of  3 who have lived in a rent-controlled studio apartment in the Mission is offered $50 K to leave. That is what the purely developer driven housing market offers. And that philosophy is reinforced by a planning commission whose chair was quoted in December 2013 issue of SF Magazine saying, “Mansions are as just as important as housing.”

Prop B changes that dynamic by putting the Citizen in the room with the “pay to play” power brokers. That is what it is all about my friends. Power.

Former SF city planning director and UC School of City Planning Professor…Alan Jacobs recently related what he called the Jacobs Truism of land economics: “Where political discretion is involved in land use decisions…the side that wins is the side with the most power. And that side is the side with the most money.” Prop B will ensure that if developers are going to spend a lot of money to get a height waiver on port property …the best place to spend it will be to involve, inform, and engage the citizen as to the merit of their request…not on the politicians.

Today that power to decide is in a room in City Hall. I know that room…I have been in that room. You know who is there? It is the lobbyists…the land use lawyers…the construction union representatives…the departmental directors… and other politicians. You know who is not in the room? YOU. The hope is that someone in that room remembers you. But if you really want your voice to be heard…you have to go to some departmental hearing or the Board of Supervisors…wait for 3 or 4 hours for your turn… and then get 2 minutes to make your case. Prop B changes that dynamic and puts you in the room that matters. No more “advisory committees” that get indulged and brushed off. No more “community outreach” that is ignored. 

It will all matter. That is why today there is no opposition from any waterfront developer…They get it. We are going to win. It is easy to see how the prospect of Prop B on the ballot this June has changed the dynamics of high-rise development along the waterfront. The Warriors have left and purchased a better location on private land in Mission Bay. The Giants have publicly announced that they will revise their plans with an eye to more appropriate height limits on port land. Forest City is moving with a ballot proposal to use Pier 70 to build new buildings of 9 stories…the same height as one of current historic buildings they will preserve on that site for artists.

The Pier 70 project will include 30 percent low-income…affordable and middle class housing on site… along with low-tech industries, office space and a water front promenade that stretches along the entire shoreline boundary. A good project that offers what the city needs will win an increase in height limits because it works for everybody. A bad one will not. My friends…I have completed my elected public service career. There will be no more elections for me.

And as I review my 40 years in public life…I am convinced of one fundamental truth. The power of the people should… and must… determine what kind of a city this will be. It must not be left to a high tech billionaire political network that wants to control city hall to fulfill their vision of who can live here and where. It starts with you… the people of this city’s neighborhoods… empowered to participate in the decisions that affect our future. You are the ones who must be vigilant and keep faith with values that make this city great. This city is stronger when we open our arms to all who want to be a part of it…to live and work in it…to be who they want to be…with whomever they want to be it with. Our dreams for this city are more powerful when they can be shared by all of us in our time…

We are the ones …here and now… who can create the climate to advance the San Francisco dream to the next generation. And the next opportunity to do that will be election day 
June 3. Thank you.

B3 note: The full Athenian oath: “We will never bring disgrace on this our City by an act of dishonesty or cowardice. We will fight for the ideals and Sacred Things of the City both alone and with many. We will revere and obey the City’s laws and will do our best to incite a like reverence and respect in those above us who are prone to annul them or set them at naught. We will strive unceasingly to quicken the public’s sense of civic duty. Thus, in all ways, we will transmit this City not only, not less, but greater and more beautiful than it was transmitted back to us.”  The National League of Cities publishes the oath and says it “was recited by the citizens of Athens, Greece, over 2,000 years ago. It is frequently referenced by civic leaders in modern times as a timeless code of civic responsibility.” 

(The Bruce blog is written and edited by Bruce B. Brugmann, editor at large of the San Francisco Bay Guardian. He is the former editor and co-founder and co-publisher of the Guardian with his wife Jean Dibble, 1966-2012. He can be reached at Bruoe@sfbg.com) 

 

 

 

The anti-sunshine gang intensifies its attacks on the Sunshine Ordinance Task Force in City Hall

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By Bruce B. Brugmann   (with special sunshine vendetta chronology by Richard Knee) 

The Guardian story in the current issue demonstrates in 96 point tempo bold how important the glare of sunshine and publicity is in City Hall in keeping the public’s business public. Yet, the anti-sunshine gang in City Hall is intensifying  its savage attack on the Sunshine Ordinance Task Force.

The Sunshine Ordinance established the Sunshine Task Force to serve as the people’s court for hearing citizen complaints on public access, thus giving  citizens a way to get secret records, open secret meetings, and hold government officials accountable. It empowers citizens to be watchdogs on issues they care about.  It is the first and best ordinance of its kind in the country, if not in the world, and its effectiveness is shown by the fact that the anti-sunshine gang regularly tries  to bounce strong members and gut the task force.

Terry Francke, then the executive director of the California First Amendment Coalition and author of the ordinance, and I as a founder anticipated this problem in trhe early 1990s and put a mandate  into the original ordinance for the task force to have representatives from the local chapter of the Society of Professional Journalists (a journalist and media attorney) and the San Francisco League of Women Voters, two organizations with experience and tradition with open government issues. Later, the mandate included a representative from New America Media, to insure a member of color for the task force.

 I served for 10 years on the task force and then Mayor Willie Brown made the point about City Hall interference by targeting me for extinction.  He tried several times  to kick me off the task force.  I refused to budge, on the principle that neither the mayor nor any other city official should be able to arbitrarily kick off a member of the task force for doing his/her job. When Willie left office, I left the task force when my term was up  and the principle was intact.

Today, as Richard Knee writes in his timeline and chronology below, the principle is once again under city hall attack. Knee replaced me as the journalist representative  of SPJ and has served under fire  for a record 12 years. He writes that the latest attack is retaliation for a unanimous finding by the task force in September 2011 when Board President David Chiu and Supervisors Scott Wiener, Malia Cohen, and Eric Mar violated  local and state open meeting laws by ramming through the monstrous Park Merced redevelopment contract with 14 pages of amendments that Chiu slipped in “literally minutes” before the committee vote.

This was a historic task force vote in the public interest, and a historic vote for open government and for all the good causes. But instead it prompted a smear- dilute-and- ouster campaign by the Board of Supervisors, with timely assists from the city attorney’s office.  The ugly play by play follows. The good news is  that the sunshine forces inside and outside city hall are fighting back, hard and fast, and with a keen eye on all upcoming elections.   Stay tuned. On guard. :

 Special  chronology and timeline detailing the anti-sunshine gang attack on  the Sunshine Ordinance Task Force. By Richard Knee)

1. In April 2011, the Task Force voted to change its bylaws to declare that approval of substantive motions required “yes” votes from a simple majority of members present rather than a simple majority of all members, as long as a quorum was present. The quorum threshold remained at six. The bylaws change went against the advice of the city attorney’s office, which pointed to city Charter Sec. 4.104. Suzanne Cauthen and I cast dissenting votes on the bylaw change. David Snyder was absent from that meeting but made it clear that, reluctantly, he could find no reason to disagree with the city attorney’s opinion.

2. In September 2011, the Task Force voted, 8-0, to find that Board of Supervisors President David Chiu and Supervisors Eric Mar, Scott Wiener and Malia Cohen had violated the Sunshine Ordinance and the state’s open-meeting law (Brown Act). Mar, Wiener and Cohen served on the board’s Land Use and Economic Development Committee, which voted to recommend approval of a Parkmerced redevelopment contract. Literally minutes before the committee voted, Chiu introduced 14 pages of amendments to the contract. The deputy city attorney at the meeting opined that the amendments did not substantially alter the contract and therefore the description of the item on the meeting agenda was still apt and the committee could act on it. The full board approved the contract the same day.

Wiener tried to intimidate the Task Force from hearing the case. His legislative aide Gillian Gillette (now the mayor’s director of transportation policy) told us we had no business telling the board how to vote and that in taking up the matter, we would be overstepping our authority. Her tone of voice, facial expression and body language were clearly confrontational. We pushed back. Bruce Wolfe told her it was inappropriate to prejudge the Task Force’s vote before the hearing had begun. I told her that we were not interested in the LUED Committee’s or the board’s substantive vote on the contract, but we were concerned about the procedural aspect. A complaint alleging sunshine violations had been brought before us and we were duty-bound to hear it. I pointedly suggested she review the ordinance, especially Sec. 67.30, which defines the Task Force’s, duties, powers and composition. She skulked back to her seat, seething.

Chiu’s legislative aide Judson True told us that Chiu’s office had made a mad scramble to get the amendments printed and properly distributed to allow enough time for review by the supervisors and members of the public before the committee’s vote. He and Gillette, citing the city attorney’s opinion, reiterated that the committee and the board had followed proper procedure.

We were incredulous toward their claims that (a) 14 pages of amendments did not substantially alter the contract and (b) there was sufficient time to review the amendments before the committee’s vote. We consensed that there was no reason the committee could not have delayed its vote in order to allow adequate review time.

3. Wiener surreptitiously asked the Budget and Legislative Analyst in late 2011 to survey every city department on how much sunshine compliance was costing it. When we learned about it, Task Force Chair Hope Johnson sent a strongly worded letter objecting to the attempt at secrecy and to the form that the survey took; we felt many of the questions were vague or vacuous.

4. In May 2012, the Rules Committee (Jane Kim, Mark Farrell, David Campos) interviewed Task Force applicants. Committee members pointedly asked incumbents Suzanne Manneh (New America Media’s nominee), Allyson Washburn (League of Women Voters’ nominee), Hanley Chan, Jay Costa and Bruce Wolfe if it wouldn’t have been wise to follow the city attorney’s advice in order to avoid violating the Charter. They responded that while they deeply appreciated having a deputy city attorney at Task Force meetings and certainly gave due weight to the DCA’s counsel, such advice did not have the force of law, they had a right to disagree with it and they believed the bylaw change they had enacted in April 2011 did not violate the Charter.

The Rules Committee voted unanimously to recommend the appointments of newcomers Kitt Grant, David Sims, Chris Hyland and Louise Fischer, and returnee David Pilpel. Campos and Kim voted to recommend Wolfe’s reappointment; Farrell dissented.

Then, citing concerns about lack of “diversity,” Farrell and Kim said the Society of Professional Journalists, NAM and the LWV should have submitted multiple nominations for each of their designated seats. They pointed to language in ordinance Sec. 67.30(a) stipulating that the respective members “shall be appointed from … names” – and they emphasized the plural, “names” – “submitted by” the organizations. And the committee voted unanimously to continue those four appointments to the call of the chair.

It is important to note that this was the first time ever that the committee had made a multiple-nominations demand. Previously, the committee and the board had invariably accepted the single nominations from the three organizations.

The “diversity” argument was a smokescreen. They had already voted to bounce Chan, who is Chinese-American, and Manneh is a Palestinian-American fluent in Arabic and Spanish.

The truth was, they didn’t like the nominees. SPJ had nominated attorney Ben Rosenfeld and Westside Observer editor Doug Comstock. Both as a Task Force member and as a political consultant, Comstock had been a thorn in lots of local politicians’ and bureaucrats’ sides. And Manneh and Washburn had participated in the Task Force’s unanimous finding of violation against Chiu, Wiener, Mar and Cohen.

Upshot: By continuing those appointments, the committee and the board ensured that Manneh, Washburn and I would remain as “holdovers” and the SPJ-nominated attorney’s seat would stay vacant (Snyder had formally resigned). Manneh, citing an increased professional and academic workload, stepped aside a few months later, meaning two of the 11 seats were vacant, and it now took only four absences instead of five to kill a quorum.

5. At the subsequent meeting of the full board, after Campos moved to reappoint Wolfe, Wiener moved to replace his name with that of Todd David. In making his motion, Wiener delivered a scorching, mendacious attack on what was then the current Task Force. Details of the tirade are available on request. The board voted, 6-5, in favor of Wiener’s motion (ayes: Wiener, Chiu, Farrell, Cohen, Carmen Chu and Sean Elsbernd; noes: Campos, Kim, Mar, John Avalos and Christina Olague). The board then voted unanimously to appoint Grant, Sims, Hyland, Fischer, Pilpel and David.

6. Ordinance Sec. 67.30(a) stipulates that the Task Force shall at all times have at least one member with a physical disability. Wolfe was the only applicant in 2012 to meet that criterion. So when the board ousted him, the Task Force no longer had a physically disabled member. The city attorney advised the new Task Force that to take any actions before a new physically disabled member was appointed could land land the Task Force and its individual members in serious legal trouble. So the Task Force was sidelined for five months, finally resuming business in November 2012 following the appointment of Bruce Oka — who, by the way, is solidly pro-sunshine.

            7. After interviewing 12 of the 13 task force applicants on May 15, 2014, Rules Committee members Norman Yee and Katy Tang complained about a lack of racial/ethnic diversity among the candidates, but that didn’t stop them from voting to recommend the reappointments of members David, Fischer and Pilpel, all Anglos (Campos was absent). Nor were they deterred by the fact that David has missed six task force meetings since March 2013, including those of last January, February and April. They continued consideration of additional appointments to a future meeting, possibly June 5.

At the board meeting on May 20, Wiener repeated his slander of the 2012-14 task force and heaped praise on David, Fischer and Pilpel without offering a shred of corroborating evidence. The board voted to confirm their reappointments, again ignoring David’s porous attendance record.

8. To be seen: whether Rules and/or the board will continue insisting on multiple nominations, and whether it will move forward on other possible appointments. Including Grant’s resignation and the possibility of holdovers, there is a risk that as few as eight of the 11 seats will be filled, meaning three absences would kill a quorum. Sims is moving to Los Angeles but remaining as a holdover for the moment. If he resigns, that could pull the number of fill seats down to seven, meaning two absences would kill a quorum.

The foregoing commentary is strictly personal and not intended to reflect the views of any other individual or organization.

Respectfully submitted,

Richard Knee

Member (since July 2002) and past chairman of the Sunshine Ordinance Task Force

Member of the Society of Professional Journalists, Northern California Chapter, Freedom of Information Committee

San Francisco-based freelance journalist

(The Bruce blog is written and edited by Bruce B. Brugmann, editor at large of the San Francisco Bay Guardian. He is the former editor and co-founder and co-publisher of the Guardian with his wife Jean Dibble, 1966-2012). In San Francisco, the citizens are generally safe, except when the mayor is in his office and the board of supervisors is in session. You can quote me.  B3

Chiu mailer highlights Guardian praise, despite our Campos endorsement

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Politics is dirty business, and I should never underestimate the willingness of politicians to turn any editorial praise they receive into an electoral advantage, distorting the context as needed, a lesson that I was reminded of this week.

Several Guardian readers have called me this week to complain about a mailer dropped on voters by the David Chiu for Assembly campaign, which includes long quotes from Chiu’s endorsements by the San Francisco Chronicle and Bay Area Reporter, as well as positive quotes from the Bay Guardian and San Francisco Examiner.

Although neither the Guardian nor the Examiner has endorsed Chiu — we enthusiastically endorsed David Campos in that race, while the Examiner is waiting until the fall rematch to do endorsements — our readers said the flyer left the impression that we had.

Chiu campaign spokesperson Nicole Derse disputes that view. “It definitely did not leave that impression,” she told me. “We were very clear about who has endorsed.” She said the Examiner and Guardian were included because “it’s important to highlight objective sources like newspapers.”

The Guardian quote was from a July 23, 2013 blog post in which I indeed wrote, “It is Chiu and his bustling office of top aides that have done most of the heavy legislation lifting this year, finding compromise solutions to some of the most vexing issues facing the city.”

It was certainly true at the time, although I received a lot criticism for what I wrote from the progressive community, which pointed out how Chiu had maneuvered himself into the swing vote position on key issues such as condo conversions and CEQA reform. And the compromises Chiu forged actually allowed fiscal conservatives to erode San Francisco’s standing as a progessive city while burgeoning his own political resume.

So I ran another blog post to air those concerns, and then we ran a hybrid of the two in the next week’s paper that closes with this line, “In the end, Chiu can be seen as an effective legislator, a centrist compromiser, or both. Perspective is everything in politics.” BTW, in that original post, I also noted that the Airbnb legislation Chiu was working on should challenge his political skills and reputation, and indeed it took many more months to introduce and has been met by a storm of criticism, becoming the marquee political fight of the summer at City Hall.

After that first post, I also heard from Campos and his supporters predicting that the Chiu campaign would use my well-meaning praise to convey support from the Guardian in a misleading way, a prophecy that has now proven prescient.

But I also think that Campos has done a good job at undermining Chiu’s greatest strength in this election, that of being an effective legislator, by hammering on the reality that things have gotten worse for the average San Francisco because Chiu and his allies have been most effective on behalf of the tech companies, landlords, and other rich and powerful interests that are undermining the city’s diversity, affordability, and progressive values.

“Effective for whom? That’s what’s important,” Campos told us during his endorsement interview, noting that, “Most people in San Francisco have been left behind and out of that prosperity.”

Chiu’s campaign counters by overtly and in whisper campaigns saying that progressives can’t be effective in Sacramento, blatantly overlooking the fact that the incumbent he’s running to replace, Tom Ammiano, has been both a consistent, trustworthy progressive, and an effective legislator who has gotten more bills signed than most of his colleagues, even as he takes on tough issues like reforms to Prop. 13 and prison conditions.

And Ammiano hasn’t just said good things about David Campos, his chosen successor — Ammiano has actually endorsed Campos. 

Progressives challenge mayor’s abuse of authority

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EDITORIAL Mayor Ed Lee has repeatedly overstepped his authority on behalf of the entrenched political and economic interests who put him into office, and we’re happy to see Sup. John Avalos and his progressive allies on the Board of Supervisors starting to push back and restore a more honest and equitable balance of power at City Hall.

There was no excuse for Lee and his political appointees on the San Francisco Public Utilities Commission to sabotage a decade of work creating the CleanPowerSF program, the only mechanism the city has for creating the renewable energy projects we need to meet our climate change goals.

This was a program created by a veto-proof majority on the Board of Supervisors, the body that the City Charter gives the authority to create such programs on behalf of the people who elect them, then the SFPUC used a vote that should have been a procedural formality to block it (see “Power struggle,” 9/17/13).

Lee refused to work with the supervisors to address his stated concerns — most of which have already been addressed by now anyway, from the program’s cost to the involvement of Shell Energy North America, which is now out — draining the CleanPowerSF funding and providing more evidence that this ruse was really all about protecting PG&E from competition.

So Avalos and other progressives of the Budget & Finance Committee last week rejected the SFPUC budget, forcing Lee and allies to now bargain in good faith. That’s the kind of realpolitik in service of progressive values that we’ve been missing at City Hall in recent years, the willingness to get tough with the grinning mayor who disingenuously talks about civility while his operatives stab their opponents in the back.

Avalos is also sponsoring a fall ballot measure that would let voters fill vacancies on the Board of Supervisors, rather than letting the mayor, who heads the executive branch, stack the legislative branch of government in his favor. We should have done that a decade ago after Gavin Newsom executed his infamous “triple play” to gain another ally on the board, and it’s especially relevant now that two supervisors are running against either other for the Assembly.

Avalos isn’t stressing the balance of powers argument for his Let’s Elect our Elected Officials Act of 2014, which would call a special election to fill vacancies in all the locally elected positions if the next election was more than year away (both the Board of Education and City College Board of Trustees would appoint interim members). It even gives up the supervisors’ power to appoint a new mayor (with the board president serving the interim, as is now the law). San Francisco isn’t a dictatorship, as much as that might please Lee’s business community allies. The people and our district-elected supervisors need to have a stronger voice in how this city is being run, so we at the Bay Guardian are happy to see a few new green shoots of democracy springing up at City Hall.

Agnos offers waterfront development history lesson during SFT speech

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[Editor’s Note: This is the text of a speech that former Mayor Art Agnos gave at San Francisco Tomorrow’s annual dinner on May 21. We reprint it here in its entirely so readers can hear directly what Agnos has been saying on the campaign trail in support of Prop. B]

I am delighted to speak to the members and friends of SFT about the waterfront tonight…and a special shout out to Jane Morrison as one of the pioneer professional women in the media and one of the finest Social Service Commissioners in our City’s history.

I also welcome the opportunity to join you in honoring tonight’s unsung heroes: Becky Evans, with whom I have worked closely over the past year and half; Tim Redmond, the conscience of the progressive community for the past 35 years; and Sara Shortt and Tommi Avicolli Mecca from the Housing Rights Committee, who stand up every day for poor and working people who need a voice in our city.

Twenty-four years ago, in 1990, I made one of the best decisions of my mayoralty when I listened to the progressive environmental voice of San Francisco and ordered the demolition of the Embarcadero Freeway. That freeway was not only a hideous blight but also a wall that separated the city from its waterfront.

Hard to believe today, but it was a very controversial decision back then. Just three years before, in 1987, the voters had defeated a proposal by Mayor Feinstein to demolish it. The Loma Prieta Earthquake gave us a chance to reconsider that idea in 1990.

Despite opposition of 22,000 signatures on a petition to retrofit the damaged freeway, combined with intense lobbying from the downtown business community led by the Chamber of Commerce, North Beach, Fisherman’s Wharf, and especially Chinatown, we convinced the Board of Supervisors to adopt our plan to demolish the freeway, by one vote.

And the rest is history — until today.

After a period of superb improvements — that include a restored Ferry Building, the ball park, two new public piers where one can walk further out into the bay than ever before in the history of this city, the Exploratorium, the soon to be opened Jim Herman Cruise Ship Terminal, Brannan Wharf Park — there is a new threat.

Private development plans that threaten to change the environment of what Herb Caen first called “our newest precious place,” not with an ugly concrete freeway wall, but with steel and glass high-rises that are twice as tall. Today, the availability of huge amounts of developer financing, combined with unprecedented influence in City Hall and the oversight bodies of this city, the waterfront has become the new gold coast of San Francisco.

Politically connected developers seek to exploit magnificent public space with high-rise, high profit developments that shut out the ordinary San Franciscan from our newest precious place. We love this city because it is a place where all of us have a claim to the best of it, no matter what our income, no matter that we are renter or homeowner, no matter what part of the city we come from.

And connected to that is the belief that waterfront public land is for all of us, not just those with the biggest bank account or most political influence. That was driven home in a recent call I had from a San Franciscan who complained about the high cost of housing for home ownership or rent, the high cost of Muni, museum admissions, even Golden Gate Bridge tours, and on and on.

When he finished with his list, I reminded him I was mayor 23 years ago and that there had been four mayors since me, so why was he complaining to me? “Because you are the only one I can reach!” he said.

Over the past few weeks, that message has stuck with me. And I finally realized why. This is what many people in our city have been seeking, someone who will listen and understand. Someone who will listen, understands, and acts to protect our newest precious place, our restored waterfront.

You see, it was not just about luxury high-rise condos at 8 Washington last year. It was not just a monstrous basketball arena on Pier 30-32 with luxury high-rise condos and a hotel across the street on public land. It’s about the whole waterfront that belongs to the people of San Francisco, all seven and a half miles of it, from the Hyde Street Piers to India Basin. And it must be protected from the land use mistakes that can become irrevocable.

This is not new to our time: 8 Washington and the Warriors arena were not the first horrendous proposals, they were only the latest. Huge, out of scale, enormously profitable projects, fueled by exuberant boosterism from the Chamber of Commerce, have always surfaced on our waterfront.

Fifty years ago, my mentor in politics, then-Supervisor Leo McCarthy said, “We must prevent a wall of high rise apartment along the waterfront, and we must stop the filling in of the SF bay as a part of a program to retain the things that have made this city attractive.”

That was 1964. In 2014, former Board of Supervisors President Aaron Peskin said it best this way: “It seems like every 10 years, every generation has to stand up to some huge development that promises untold riches as it seeks to exploit the waterfront and our public access to it.”

Public awareness first started with the construction of the 18 stories of Fontana towers east and west in 1963. That motivated then-Assemblyman Casper Weinberger to lead public opposition and demand the first height limits, as well as put a stop to five more Fontana-style buildings on the next block at Ghirardelli Square. This was the same Casper Weinberger who went on to become Secretary of HEW [formerly the Department of Health, Education, and Welfare] and Secretary of Defense under President Ronald Reagan.

In 1970, the Port Commission proposed to rip out the then “rotting piers” of Piers 1 – 7 just north of the Ferry Building. They were to be replaced with 40 acres of fill (three times the size of Union Square) upon which a 1200-room hotel and a 2400 car garage would be built.

It passed easily through Planning and the Board of Supervisors. When the proposal was rejected on 22 to 1 vote by BCDC [the San Francisco Bay Conservation and Development Commission], Mayor Alioto complained, “We just embalmed the rotting piers.”

No, we didn’t, we saved them for the right project. And if one goes there today, they see it, the largest surviving renovated piers complex with restaurants, walk-in cafes, Port offices, free public docking space, water taxis, and complete public access front and back. In 2002, that entire project was placed on the U.S. National Historic Register.

But my favorite outrageous proposal from that time was plan to demolish another set of “rotting piers” from the Ferry Building south to the Bay Bridge. And in place of those rotting piers, the plans called for more landfill to create a Ford dealership car lot with ,5000 cars as well as a new shopping center. That too was stopped.

So now it’s our turn to make sure that we stop these all too frequent threats to the access and viability of our waterfront. In the past two weeks, we have seen momentum grow to support locating the George Lucas Museum on Piers 30-32 or the sea wall across the Embarcadero.

I love the idea, but where would we be with that one if a small band of waterfront neighbors and the Sierra Club had not had the courage to stand up to the Warriors and City Hall two years ago. Once again, they used the all too familiar refrain of “rotting piers” as an impending catastrophe at Piers 30-32.

Proposition B will help prevent mistakes before they happen. Most of all, Prop. B will ensure protection of the Port on a more permanent basis by requiring a public vote on any increases to current height limits on Port property. All of the current planning approval processes will stay in place — Port Commission, Planning Commission, Board of Permit Appeals, Board of Supervisors, all will continue to do what they have always done.

But if a waiver of current height limits along the waterfront is granted by any of those political bodies, it must be affirmed by a vote of the people. Prop B does not say Yes or No, it says Choice. It is that simple. The people of SF will make the final choice on height limit increases on Port property.

The idea of putting voters in charge of final approval is not new. In the past, the people of San Francisco have voted for initiatives to approve a Children’s budget, a Library budget, retaining neighborhood fire stations, minimum police staffing, as well as to require public authorization for new runway bay fill at our airport. And at the Port itself, there have been approximately 18 ballot measures to make land use and policy decisions.

So we are not talking about ballot box planning, we are talking about ballot box approval for waivers of existing height limits on public property. Opponents like Building Trades Council, Board of Realtors, and Chamber of Commerce are raising alarms that we will lose environment protections like CEQA by creating loopholes for developers. Astonishing!

Prop B is sponsored by the Sierra Club. Tonight we honor Becky Evans of the Sierra Club who sponsored Proposition B. That same set of opponents are joined by city bureaucrats issuing “doomsday” reports stating that we will lose thousands of units of middle class housing, billions of dollars in Port revenues, elimination of parks and open space on the waterfront. Astonishing!

These are the same bureaucrats who issued glowing reports a couple of years ago that the America’s Cup would mean billions in revenue for the Port and the city. And they wanted to give Oracle’s Larry Ellison 66-year leases to develop on five of our Port piers for that benefit! Now, how did THAT work out? So far, City Hall will admit to $11 million in known losses for the taxpayers. Another opponent, SPUR [San Francisco Planning and Urban Research Association], says any kind of housing will make a difference and there are thousands in the pipeline, so don’t worry. Astonishing!

We have not seen one stick of low income or affordable housing proposed on the waterfront since the ‘80s and ‘90s when Mayor Feinstein and I used waterfront land for that very purpose. Hundreds of low-income housing dwellings like Delancey Street and Steamboat Point Apartments, affordable and middle class housing like South Beach Marina apartments and Bayside village, comprise an oasis of diversity and affordable housing in the midst of ultra expensive condos.

For me, that was part of an inaugural promise made in January 1988. I said, “At the heart of our vision is a refusal to let San Francisco become an expensive enclave that locks out the middle class, working families, and the poor. At the center of our strategy is a belief in the basic right of people to decent jobs and housing.”

Yes, that was the commitment on public land on the waterfront by two mayors of a recent era, but not today. Indeed, San Francisco has been rated the #1 least affordable city in America, including NY Manhattan. That is one of the many reasons we see middle class people, as well as working poor, being forced to leave San Francisco for Oakland and elsewhere in the Bay Area.

That reality was reinforced in the February 10, 2014 issue of Time Magazine. Mayor Lee said, “I don’t think we paid any attention to the middle class. I think everybody assumed the middle class was moving out.”

Today, an individual or family earning up to $120,000 per year — 150 percent of the median in this city — does not qualify for mortgage and can’t afford the rent in one of the thousands of new housing units opening in the city. The Chronicle reported a couple of weeks ago that a working family of three who have lived in a rent-controlled studio apartment in the Mission was offered $50,000 to leave.

That is what the purely developer-driven housing market offers. And that philosophy is reinforced by a Planning Commission whose chair was quoted in December 2013 issue of SF Magazine saying, “Mansions are just as important as housing.”

Prop B changes that dynamic by putting the citizen in the room with the “pay to play” power brokers. That is what it is all about my friends: Power.

Former SF city planning director and UC School of City Planning Professor Alan Jacobs recently related what he called the Jacobs Truism of land economics: “Where political discretion is involved in land use decisions, the side that wins is the side with the most power. And that side is the side with the most money.”

Prop B will ensure that if developers are going to spend a lot of money to get a height waiver on Port property, the best place to spend it will be to involve, inform, and engage the citizen as to the merit of their request, not on the politicians. Today that power to decide is in a room in City Hall. I know that room. I have been in that room.

You know who is there? It is the lobbyists, the land use lawyers, the construction union representatives, the departmental directors, and other politicians. You know who is not in the room? You. The hope is that someone in that room remembers you.

But if you really want your voice to be heard, you have to go to some departmental hearing or the Board of Supervisors, wait for three or four hours for your turn, and then get two minutes to make your case. Prop B changes that dynamic and puts you in the room that matters. No more “advisory committees” that get indulged and brushed off. No more “community outreach” that is ignored.

It will all matter. That is why today there is no opposition from any waterfront developer. They get it. We are going to win. It is easy to see how the prospect of Prop B on the ballot this June has changed the dynamics of high-rise development along the waterfront.

The Warriors have left and purchased a better location on private land in Mission Bay. The Giants have publicly announced that they will revise their plans with an eye to more appropriate height limits on Port land. Forest City is moving with a ballot proposal to use Pier 70 to build new buildings of nine stories, the same height as one of current historic buildings they will preserve on that site for artists.

The Pier 70 project will include 30 percent low-income, affordable and middle class housing on site, along with low-tech industries, office space, and a waterfront promenade that stretches along the entire shoreline boundary. A good project that offers what the city needs will win an increase in height limits because it works for everybody. A bad one will not.

My friends, I have completed my elected public service career. There will be no more elections for me. And as I review my 40 years in public life, I am convinced of one fundamental truth: The power of the people should, and must, determine what kind of a city this will be.

It must not be left to a high-tech billionaire political network that wants to control City Hall to fulfill their vision of who can live here and where. It starts with you, the people of this city’s neighborhoods, empowered to participate in the decisions that affect our future. You are the ones who must be vigilant and keep faith with values that make this city great.

This city is stronger when we open our arms to all who want to be a part of it, to live and work in it, to be who they want to be, with whomever they want to be it with. Our dreams for this city are more powerful when they can be shared by all of us in our time.

WE are the ones, here and now, who can create the climate to advance the San Francisco dream to the next generation. And the next opportunity to do that will be election day June 3.

Thank you.

 

The strange, unique power of San Francisco mayors

64

Mayor Ed Lee wields a strange and unique power in San Francisco politics, passed down from Mayor Gavin Newsom, and held by Mayor Willie Brown before him.

No, we’re not talking magic, though mayors have used this ability to almost magically influence the city’s political winds. 

When elected officials leave office in San Francisco and a seat is left vacant, the mayor has the legal power to appoint someone to that empty seat. A study by San Francisco’s Local Agency Formation Commission conducted March last year shows out of 117 jurisdictions in California, and ten major cities nationwide, only seven jurisdictions give their executives (governors, mayors) the ability to appoint an official to a vacant seat. The other jurisdictions hold special elections or allow legislative bodies to vote on a new appointment. 

The power of a San Francisco mayor then is nearly singularly unique, the report found, but especially when seen in the context of the nation’s major cities.

“Of the 10 cities surveyed here,” the study’s authors wrote, “no other city among the most populous grants total discretion for appointments.” 

The study is especially relevant now, as Sup. John Avalos introduced a charter amendment to change this unqiuely San Franciscan mayoral power, and put the power back in the hands of the electorate.

His amendment would require special elections when vacancies appear on public bodies like the community college board, the board of education, or other citywide elected offices. He nicknamed it the “Let’s Elect our Elected Officials Act,” and if approved by the Board of Supervisors it will go to this November’s ballot.

Avalos touched on the LAFCo study while introducing his amendment at the board’s meeting on Tuesday [5/20]. 

“One of the striking results is how unique San Francisco’s appointment process is,” Avalos said. “There’s no democratic process or time constraint when the mayor makes these appointments.”

He pointed to then-Assessor Recorder Phil Ting’s election to California Assembly in 2012. Camen Chu, his successor, was not appointed by the mayor until February 2013, he said, a longstanding vacancy.

So what’s the big deal? Well, voters notoriously tend to vote for the incumbents in any race, so any official with their name on the slot as “incumbent” come election time has a tremendous advantage. In fact, only one supervisor ever appointed by a mayor was ever voted down in a subsequenet district-wide (as opposed to city-wide) election. This dataset of appointed supervisors was culled from the Usual Suspects, a local political-wonk blog:

Supervisor

Appointed

Elected

 

Terry Francois

1964

1967

 

Robert Gonzalez

1969

1971

 

Gordon Lau

1977

1977

 

Jane Murphy

1977

Didn’t run

 

Louise Renne

1978

1980

 

Donald Horanzy

1978

Lost in 1980

Switched from District to

Citywide elections.

Harry Britt

1979

1980

 

Willie B. Kennedy

1981

1984

 

Jim Gonzalez

1986

1988

 

Tom Hsieh

1986

1988

 

Annemarie Conroy

1992

Lost in 1994

 

Susan Leal

1993

1994

 

Amos Brown

1996

1998

 

Leslie Katz

1996

1996

 

Michael Yaki

1996

1996

 

Gavin Newsom

1997

1998

 

Mark Leno

1998

1998

 

Alicia D. Becerril

1999

Lost in 2000

Switched from Citywide to

District elections.

Michela Alioto-Pier

2004

2004

 

Sean Elsbernd

2004

2004

 

Carmen Chu

2007

2008

 

Christina Olague

2012

Lost in 2012

Only loss by a district

appointed supervisor.

Katy Tang

2013

2013


So mayoral appointments effectively sway subsequent elections, giving that mayor two prongs of power: the power to appoint someone who may agree with their politics, and the power to appoint someone who will then owe them.

A San Francisco Chronicle article from 2004 describes the power derived from appointees former Mayor Willie Brown infamously enjoyed.

Once at City Hall, Brown moved quickly to consolidate power, and using the skills he honed during his 31 years in the state Assembly, gained control of the Board of Supervisors. Before the 2000 election, he appointed eight of the 11 members, filling vacancies that he helped orchestrate, as supervisor after supervisor quit to run for higher office or take other jobs.

The board majority was steadfastly loyal, pushing through Brown’s policies and budget priorities with little debate. In a 1996 magazine article, he was quoted as likening the supervisors to “mistresses you have to service.”

Voters may soon choose what elected officials they want in offices. The mistresses of the mayor, or the mistresses of the people.

Graph of the LAFCo study produced by Guardian intern Francisco Alvarado. LAFCo looked at California jurisdictions as well as ten major cities nationwide.

This Week’s Picks: May 28 – June 3, 2014

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WEDNESDAY 21

 

Brody Dalle

There is a serious deficit of female fierceness in punk rock at the moment. The music industry as a whole is a boys’ club, and it’s incredibly difficult for women to make a name for themselves in rock. Not only has Brody Dalle done this, she’s done it three times over, fronting beloved LA punk bands the Distillers and Spinnerette, and now as a solo artist, with her new record Diploid Love. She’s an inspiration in many ways — as a formidable frontperson, gifted musician, badass artist, and mother — and now, over 15 years since the Distillers began writing and performing, her work is tighter than ever. Diploid Love is a departure from the straightforward punk aesthetic of the Distillers and the pure rock ‘n’ roll of Spinnerette — the songs range from ballads and torch songs to angry rockers, all of them solid and heartfelt. Dalle’s versatility is impressive, but I’m happy to say that through it all she manages to keep her trademarked sonic sneer that made us fall in love with her to begin with. (Haley Zaremba)

$14, 8pm

Slim’s

333 11th St, SF

(415) 255-0333

www.slimspresents.com

 

 

‘Milk’

On May 21, 1979, Dan White was convicted of manslaughter and sentenced to just seven years in jail for assassinating Mayor George Moscone and Supervisor Harvey Milk. Thirty-five years ago today, the city took to the streets in outrage over the lenient sentence of a murderer. The White Night riots began with a march down Castro Street, continued into violent protests at City Hall and finished with police retaliation, tear gas, vandalization, and injury. Needless to say, Harvey Milk lived on as a hero of the gay rights movement in San Francisco and around the country. In honor of this anniversary, the Castro Theatre is celebrating Milk’s legacy with a special screening of Gus Van Sant’s Academy Award-winning Milk, starring Sean Penn as our favorite gay rights activist. The film chronicles the last eight years of Milk’s life, and how he changed this city for the better. (Laura B. Childs)

5:30pm and 8pm, $11

Castro Theatre

429 Castro, SF

(415) 621-6350

www.castrotheatre.com

 

THURSDAY 22

 

 

The Acro-Cats

If you attended either the Roxie’s or Oakland’s cat video festival a couple weeks ago and have been in feline withdrawal ever since, have no fear — the cat circus is here. Yes, it’s the Acro-Cats, an all-kitty circus troupe, complete with a cat rock band, that’s touring the country. Feats of derring-do will include cats jumping through hoops, cats jumping on tightropes, cats riding on skateboards, cats balancing on balls…you get the idea. They also arrive in a “Cat Car.” Founder Samantha Martin has taken in over a dozen stray or orphaned cats and found homes for 130 more in her lifetime; a percentage of ticket sales will go to kitty rescue programs. Sounds like a purrr-fect evening to me. (Emma Silvers)

Through Sun/25, 8:30pm, $24

The Southside Theatre at Fort Mason Center, SF

www.circuscats.com

 

 

Black Flag

Legendary punk band Black Flag blazed the path for underground music in the United States during the 1970s and ’80s with its rigorous work ethic, groundbreaking recordings, and relentless touring that built a network and foundation for independent artists that still exists today. Recently resurrected by Greg Ginn, the founder-guitarist-primary songwriter and sole continuous member, the band released its first new record in nearly two decades last year, and is once again hitting the road and ripping through the new tunes along with old favorites like “TV Party,” “Six Pack” and “Rise Above.” (Sean McCourt)

With HOR, Cinema Cinema and Violence Creeps

8pm, $20-$25

Brick and Mortar Music Hall

1710 Mission, SF

(415) 800-8782

www.brickandmortarmusic.com

 

 

Rock ‘n’ roll history: ‘American Jukebox’

“Plug into this jukebox and see the face and figures behind the greatest American Music,” says the co-founder of City Lights Bookstore, Lawrence Ferlinghetti, about American Jukebox. For Christopher Felver’s newest photography book, 240 photographs from tours and encounters with musicians over the past 25 years have been compiled into a photographic journey chronicling the heritage of American music and capturing its lively spirit. Scattered between playlists, autographed lyrics, record sleeves, and anecdotes are portraits of musicians caught in action on stage or posed under Felver’s lens. From Doc Watson to John Cage and Sonny Rollins to Patti Smith, American Jukebox celebrates the vitality of the music industry and its rich history. The photographer will appear in person to read and sign books. (Childs)

7pm, free

Books Inc. Bookstore Opera Plaza

601 Van Ness, SF

(415) 776-1111

www.booksinc.net

 

FRIDAY 23

 

The Avengers

One of the best bands to come out of the San Francisco punk scene in the late 1970s, the Avengers mixed impassioned politics and social commentary into their potent blend of dynamic and invigorated music. Fronted by singer Penelope Houston, they secured themselves a place in history when they opened for the Sex Pistols’ final gig at Winterland in January of ’78 and threatened to steal the show. Though they lasted only a couple of years before they broke up, the group made a lasting impression — and now, 35 years later, Houston and original guitarist Greg Ingraham are back and better than ever. (McCourt)

With Kicker and California

9pm, $15

The Chapel

777 Valencia, SF

(415) 551-5157

www.thechapelsf.com

 

 

Rocketship

They might not have ever achieved widespread mainstream success, but the Sacramento-based band Rocketship had enough of a devoted following in the ’90s that news of their reunion for this year’s Popfest caused more than a little ripple of excitement among indie-pop lovers. This Slumberland Records showcase, part of the little indie-fest-that-could’s special weekend of bringing fuzz- and grunge-pop favorites from the ’90s and aughts back together, has a pretty stellar lineup from start to finish — you’re sure to see some cardigan-sporting superfans out in full force. (Emma Silvers)

With The Mantles, Bouracer, and The Softies

8pm, $18-$20

Rickshaw Stop

155 Fell, Sf

www.rickshawstop.com

 

SATURDAY 24

“The Hop”

Looking for a blast from the past party for this holiday weekend? Then check out Handsome Hawk Valentine’s “The Hop,” which will feature rockabilly bands including guitar slinger extraordinaire Deke Dickerson and his Ecco-Fonics and Kay Marie, along with Sin Sisters Burlesque. Slick back that pomp or put on those stilettos and get gone — but if you don’t have time before you get there, don’t worry: You can get in on some free retro hairstyling and photos, and then hoot and holler for the Bettie Page Clothing “Rockabilly Prom King and Queen” contest before you dance the night away. (McCourt)

9pm, $12

Elbo Room

647 Valencia, SF

(415) 552-7788

www.elbo.com

 

 

International Beer Festival

In the 30 years since the first International Beer Festival, a lot has changed. It all began with a selection of five beers (Pabst being one of the highlights) to now over 100 international and local craft brewers. Expect local brews from SF staples and Bay Area bites from local gems like the O-inducing Pizza Orgasmica. For over three decades, this beer festival has served as the perfect excuse to drink for a good cause — two birds, one stone — since the festival is entirely organized and staffed by parents of Telegraph Hill Cooperative Nursery School students. The proceeds are donated to Tel-Hi’s preschool, which will fund the school’s programs for the entire year. Now that’s drinking responsibly. (Childs)

7pm, $75

Festival Pavilion

Fort Mason Center, SF

www.sfbeerfest.com


SUNDAY 25

 

‘Grease’ Sing-A-Long

Whether you’re more of a fast-talkin’, gum-smackin’ Pink Lady or a dead ringer for Olivia Newton-John’s good girl Sandy, your stylistic choices will be welcome at this Castro Theatre tradition. Get ready for “Summer Lovin’,” “Greased Lightnin’,” “Beauty School Dropout,” and boatloads more overt sexual innuendo — a lot of which sounds pretty damn un-PC by today’s standards (“Tell me more, tell me more, did she put up a fight? Wait, what?!”) — than you probably noticed when you and your friends were all obsessed with this movie and crushing hard on John Travolta back at theater camp. The good news: Frankie Avalon was a teen-dream idol for a reason, Stockard Channing’s Rizzo is still the coolest of them all, and your hair goop is safe here. (Silvers)

2:30pm and 7pm, $16

Castro Theatre

429 Castro, SF

(415) 621-6350

www.castrotheatre.com

 

MONDAY 26

 

Perfect Pussy

One of the buzziest bands of 2014, frenetic Syracuse-based punk rockers Perfect Pussy didn’t need the shock-value band name to make headlines — but it hasn’t hurt. The hype around the five-piece reached a fever pitch sometime around SXSW, when it became clear that vocalist Meredith Graves’ unusually confessional, literate writing (for noise punk) and take-no-bullshit delivery translated into a seriously mind-screwing live show, music blog darlings or no. She’s also been pretty articulate about feminism in interviews. In short: probably not a flash in the pan, and well worth seeing live. (Silvers)  

With Potty Mouth, Wild Moth, Crabapple

8pm, $10-$12, all ages

Rickshaw Stop 155 Fell, SF

www.rickshawstop.com

 

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Go do this thing tomorrow: Speak up for Viracocha

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If you’ve ever set foot in Viracocha, the Never-Never-Land-esque antiques store/typewriter shop/arts space/music venue at 21st and Valencia, you know it’s a pretty magical place — especially in contrast to some of the shiny new businesses springing up around it in the Mission as of late. The brain child and passion project of poet Jonathan Siegel, it’s a homey haven for writers, musicians, visual artists, and dreamers of all kinds; for the past four years, it’s also been hosting intimate live shows and spoken word events in its downstairs performance space. Only problem — Siegel hasn’t been able to promote that aspect of the business, as the room’s not ADA-compliant, meaning the space has remained a (relatively open) secret, since each of those shows has been illegal.

Now, the little speakeasy that could is trying to go legit once and for all: At a City Hall hearing tomorrow, Tue/20 at 5:30 pm, Siegel and the store’s employees are hoping supporters will show up to help convince the SF Entertainment Commission that Viracocha should be granted a Place of Entertainment Permit.

ezza
Ezza Rose performing in the Viracocha basement. Photo by Pete Lee.

“We’ve been operating underground for four years: building, strengthing, and expanding a diverse community of artists, writers, and musicians,” Siegel wrote to supporters. “Not to mention an incredibly supportive and loving mass of patrons and neighbors. But now, it’s time to share with the world how this all works…what, exactly, we’re about, and what our potential is for the future.”

The hearing is open to the public, and Siegel says the commission knows everything about the space’s operations at this point (including its squeaky-clean track record in terms of noise complaints, thank you very much), and nothing’s on the DL anymore. So if you’ve had a good experience there, or just give a shit about the survival of affordable, independent, community-minded arts spaces in this city, come on down.

(Oh yeah, the bathroom’s pretty great, too.)

Bike to Work Day marred by another Wiggle police sting UPDATED

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City officials and the San Francisco Bicycle Coalition hailed yesterday’s Bike to Work Day as a success, with the official SFMTA count finding 76 percent of vehicles along Market Street during the morning commute were bikes. But a pair of motorcycle cops ticketing cyclists that afternoon on the Wiggle put a damper on the celebration.

As we reported in this week’s paper, cycling has come to enjoy almost universal support in City Hall, at least in terms of political rhetoric, although the Mayor’s Office and SFMTA have committed only a small fraction of the funding needed to meet official city goals for increasing ridership. And yesterday’s bike sting on the Wiggle, a key east-west bike corridor in Lower Haight, felt like a slap in the face to the SFBC.

Since another series of police stings targetting cyclists on the Wiggle last fall, SFBC Executive Director Leah Shahum has been working closely with the San Francisco Police Department on its goal of focusing traffic enforcement resources on intersections with the most collisions, none of which include the Wiggle (the SFPD’s Focus on the Five initiative pledges traffic enforcement resources to the five most dangerous intersections in each police district and the five most dangerous traffic violations).

On Wednesday night, Shahum was even at the Police Commission hearing discussing the issue, and she says that Police Chief Greg Suhr and other top brass in the department have offered their assurances that such arbitrary stings on the Wiggle weren’t a good use of SFPD resources.

After recent hearings on how SFPD officers have refused to give citations to motorists who hit cyclists, Suhr and the department have also pledged to do so. But Shahum said she also heard from a cyclist on Bike to Work Day who was the victim of a hit-and-run by an impatient, road-raging motorist on 18th Street, and he told her that police refused to take a report even though he took down the license plate number.

Shahum said she’s disheartened by that story and those of the half-dozen cyclists she heard from who were ticketed on the Wiggle for not coming to a complete stop at a stop sign on the Wiggle.    

“I’m not confident the commitments from the chief and the commission are making it down to the officers. They are still pursuing very outdated traffic enforcement policies,” Shahum told us.

Shahum said she spoke to Capt. Greg Corrales, whose Park Station precinct includes the Wiggle, and Cmndr. Mikail Ali, who heads traffic enforcement, and both said they had no knowledge of any enforcement stings on the Wiggle. We left a message for SFPD spokesperson Albie Esparza, and we’ll update this post if and when we hear back. [UPDATE 5/12: Esparza just told us these citywide traffic enforcement officers were there based on citizen complaints about people running stop signs, but that the timing on BTWD wasn’t intentional: “It was a random thing they happened to be there that day.” He also noted that just 1 percent of traffic citations from April went to cyclists, and 93 percent to motorists, but he said officers can’t ignore traffic violations. “We cannot say as an agency do not cite pedestrians, do not cite bicyclists, that would be selective enforcement,” he said, while also agreeing that if officers that day on the Wiggle ignored motorist violations to focus on cyclists, that would also be selective enforcement.”] 

One of the cyclists ticketed on the Wiggle yesterday wrote this account to Shahum: “I suspect you will be hearing from a lot of cyclists in the next few days regarding the 2 cops who decided to hang out at Waller and Steiner Sts. yesterday to nail riders ‘running the stop sign.’ I was there at 4:51pm yesterday and I approached that intersection as I always do everyday braked with my right hand and signaled with my left arm to make that left turn onto Waller. I know for a fact I stopped as there was a car opposite me heading south on Steiner and I had to make sure which direction it might go. Once I made my left turn, there to greet me was a man in blue telling me to stop and present my driver’s license to him. He said that I failed to stop and I quote ‘your pedals were still moving at the stop sign.’… So,  a great 20th anniversary of bike to work day turned out to be a real downer for myself and I would guess for dozens more of riders. What a scheme to do this on a bike to work day with so many more riders out there.”

At the Bike to Work Day rally outside City Hall yesterday morning, where a broad cross-section of local political leaders and city officials spoke after riding their bikes to the event, Chief Suhr talked about the importance of making the streets safer for pedestrians and cyclists: “We are all in this together. Under the leadership of the mayor and the supervisors, all the department heads, we are committed to Vision Zero that in 10 years there are no fatalities in San Francisco.” 

Mayor Lee, who also rode to work, said: “I was proud to celebrate the 20th anniversary of Bike to Work Day by riding this morning from my neighborhood, Glen Park, accompanied by a growing number of bike commuters, including families, who are taking advantage of the benefits of a fun, healthy, affordable way to move around our City. With innovative bikeways like the new contraflow bike lane on lower Polk Street that connects Market Street to the Tenderloin and City Hall, we continue to improve and enhance our City’s bike network to connect our residents, neighborhoods, and businesses. But in order to do even more to make our streets safe, we must invest in our aging transportation infrastructure.” 

Political power play unseats SF Police Commissioner

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Police Commissioner Angela Chan fought the federal government as they unjustly tried to deport undocumented San Franciscans who were guilty of no crimes, and won. She fought to arm the SFPD with de-escalation tactics instead of Tasers, and won again.

But at the April 30 Board of Supervisors meeting, Chan lost. The board denied her reappointment to the Police Commission, and seven supervisors voted to appoint her opponent, Victor Hwang, instead.

The decision came after heated backdoor politicking by Chinatown political leader Rose Pak, insiders told us. Politicians involved would only speak on background, for fear of reprisal from Pak, yet indicated that Pak felt Chan did not consult often enough with Chinatown interests and focused too broadly on issues of concern to other communities.

Chan gained national recognition for her work against Secure Communities, challenging a provision that allows U.S. Immigration and Customs Enforcement to call for illegal holds of undocumented persons they’d later like to deport. Pak came out swinging against Chan in the wake of those battles, we were told.

“It’s a sad day for the immigrant rights movement when a strong leader cannot be reappointed,” Sup. Eric Mar said just before the vote.

After Sup. Katy Tang introduced the motion to strike Chan’s name from the appointment, and replace it with Hwang’s, other supervisors noted the obvious elephant in the room — there was not only one vacant seat on the police commission, but two.

Supervisor John Avalos suggested the Board of Supervisors make a motion to request the mayor appoint Hwang himself, allowing for both Chan and Hwang to be appointed.

But Board of Supervisors President David Chiu said he’d asked Mayor Lee that very question to no avail. “It is not something that will happen,” he said. “It is not the practice of the mayor to solve difficult decisions of the board. It’s up to us.”

Sups. Mark Farrell, Scott Wiener, Malia Cohen, London Breed, Jane Kim, Tang and Chiu voted to strike Chan’s name from the appointment, and to vote to appoint Hwang instead. (Joe Fitzgerald Rodriguez)

LAWSUIT FILED TO HALT TECH SHUTTLE PILOT

The road to regulating Google Buses has a new pothole: a lawsuit.

A lawsuit filed in San Francisco Superior Court May 1 demands the San Francisco Municipal Transportation Agency’s commuter shuttle pilot program be put on hold while a full environmental review is conducted under the California Environmental Quality Act.

“We know that these buses are having devastating impacts on our neighborhoods, driving up rents and evictions of long-time San Francisco residents,” said Sara Shortt, executive director of the Housing Rights Committee of San Francisco and one of the lawsuit petitioners. “We’ve protested in the streets and taken our plea to City Hall to no avail. We hope to finally receive justice in a court of law.”

The suit was filed against the City and County of San Francisco, Mayor Ed Lee, the Board of Supervisors, the SFMTA, Google, Genentech, Apple, and a handful of private transportation providers. It alleges the tech shuttle pilot project is in violation of the California Vehicle Code, which prohibits any vehicle — except common carriers (public buses) — to pull into red zones that are designated as bus stops. It also alleges the city abused its discretion and violated the CEQA by exempting the Shuttle Project from environmental review. (Joe Fitzgerald Rodriguez)

ILLEGAL ANTI-CAMPOS FLYERS TARGETED IN ETHICS COMPLAINT

Several San Francisco neighborhoods over the last week have been targeted with illegal campaign flyers against Assembly candidate David Campos — breaking both state election laws requiring the group and its funding source to be identified and local laws against placing political flyers on utility poles and other surfaces.

Former Ethics Commission Eileen Hansen this week filed a complaint about the guerilla campaigning with the California Fair Political Practices Commission, which has jurisdiction over state races.

“I am asking for the intervention of your office into what appears to be a blatant and arrogant violation of campaign finance reporting and disclosure laws in California’s 17th Assembly District Primary Election,” Hansen wrote in the April 30 letter. “As you well know, the political climate in San Francisco is quite sensitive, and nerves are raw. If this violation is allowed to continue, it will have a chilling effect on the entire election and further alienate voters, and potential voters.”

The race between Campos and David Chiu has indeed gotten more heated in recent weeks, but Chiu campaign manager Nicole Derse denies that the campaign has any knowledge or involvement with the illegal campaigning: “We think everyone in this race should be transparent.”

In her letter, Hansen casts doubt on the Chiu campaign’s claims of innocence: “The wide distribution, professional design, and overnight appearance in distant locations strongly suggest that these flyers have been produced and distributed by a funded political organization aligned with Assembly candidate David Chiu, whose aim is to attack and discredit Chiu’s opponent David Campos.”

And she even identifies a leading suspect in this illegal campaigning: Enrique Pearce and his Left Coast Communications firm, which has a history of dirty tricks campaigning on behalf of Mayor Ed Lee and other establishment politicians. Hansen notes that the flyers appeared right after the registration of a new campaign committee, San Franciscans for Effective Government to Support David Chiu. Although the group hasn’t reported any fundraising yet, its contact phone number goes to Left Coast Communications and Pearce, who hasn’t yet returned our calls on the issue.

This campaign stunt in reminiscent of an “independent expenditure” effort in the District 6 supervisorial race in 2010, when Pearce was connected to a mailer supporting Sup. Jane Kim that was funded partially by Willie Brown, again because the supposedly independent group listed his phone number even though he was worked directly for Kim.

The anti-Campos mailers include some nasty and misleading charges, labeling Campos “City Hall’s Hypocrite” by falsely claiming Campos ignored rising evictions until he decided to run for the Assembly and that he was concerned about Google buses but wanted to charge them less than $1 per stop. A third flyer claims Campos “lets wifebeater sheriff keep his job” for his vote against removing Sheriff Ross Mirkarimi from office for official misconduct.

“This is a secretly funded shadow organization aligned with David Chiu, committing a desperate move that is as illegal and it is false in its claims,” Campos told us, saying he hopes the FPPC is able to stop and punish those involved. (Steven T. Jones)

SUPES CALL FOR INCREASED YOUTH FUNDING

José-Luis Mejia says he’s seen a little bit of everything in his work with transitional-age youth.

A few have died suddenly; others wound up incarcerated. Then there are those who beat the odds by attending top-level universities, opening up their own businesses, or dedicating themselves to public service.

As associate director of Transitional Age Youth San Francisco, Mejia was part of a grassroots coalition that has been working for about two years on crafting a measure that aims to increase funding for youth programs, seeking to give a boost to transitional-age youth services in particular.

It culminated with the April 30 introduction at the Board of Supervisors of a suite of new proposals to support youth programs, including a pair of charter amendments that will appear on the November ballot.

An amendment sponsored by Sup. John Avalos would renew the existing Children’s Fund, renaming it the Children and Youth Fund, and increasing the property-tax set-aside that supports it from three cents per $100 of assessed valuation to five cents. Funding would be designated for programs set up to aid “disconnected transitional-aged youth,” including homeless or disabled youth, unmarried parents, those who identify as LGBTQ or are aging out of foster care, and other specified categories. The amendment would also create a Commission on Children, Youth, and Their Families, to oversee the Department of Children Youth and their families. A second charter amendment would extend the Public Education Enrichment Fund (PEEF), another source of funding for youth programs.

Avalos has strong support on the Board, but the mayor’s office has reportedly been pressuring supervisors not to support Avalos’ measure.

“As we all know, San Francisco is experiencing incredible economic activity,” Avalos noted April 30. “We’re experiencing growth and speculation that is lifting many boats, but not lifting all boats. And some of the people who are not doing so well are children and families.”

The Children’s Fund, and PEEF currently set aside over $100 million for children and youth in San Francisco. The funding sources would sunset if action were not taken to extend them. (Rebecca Bowe)

 

Chiu for Assembly

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OPINION

San Francisco is at a crossroads. While some residents benefit from prosperity, an affordable housing crisis coupled with income inequality make this a time of struggle for other San Franciscans.

Our inclusive, diverse culture that has historically made San Francisco a haven for artists, immigrants, and innovators is at stake. Given this, effective progressive leadership is critical to ensuring that our city remains a place where all San Franciscans can afford to live and prosper. That’s why I urge you to vote for my friend, President of the Board of Supervisors David Chiu, to represent San Francisco in the California State Assembly.

As president, David has demonstrated an inclusive, unifying leadership style that has had a transformative impact at City Hall. He really listens to everyone, and brings people together to address our city’s most critical challenges. He combines rock solid progressive values with a fervent drive to do more than talk — to actually get the big stuff done.

The proof is in the pudding: he’s passed more pieces of legislation than any other current supervisor in every major policy arena, and his colleagues have elected him president three times.

David has delivered consistently on our city’s most critical issue: affordable housing. A tenant in San Francisco himself for the past 18 years, David has fought to protect and expand affordable housing across the city, leading efforts to build more housing for homeless veterans, transitional age youth, and seniors.

He supported rebuilding dilapidated public housing projects that have been in total disrepair. He has supported the strengthening of habitability standards in housing across the board. He led the charge to create a 10-year moratorium on condo conversions and to prioritize victims of Ellis Act evictions for our city’s affordable housing opportunities.

After multiple failed attempts by supervisors over two decades, he passed legislation to finally legalize in-law units, preserving one of our city’s largest existing stocks of affordable housing. David will continue to work to stem San Francisco’s affordable housing crisis in the Assembly, including pushing hard to reform the Ellis Act.

David has been a leader on a host of other important issues. An avid biker who doesn’t own a car, David has spearheaded groundbreaking environmental legislation, banning the sale of plastic water bottles on city property, expanding urban agriculture, and prohibiting the delivery of unwanted Yellow Pages. He’s increased funding for community arts, an issue close to my heart as an artist. He has championed language access for our city’s immigrants, and fought for the reunification of LGBT immigrant families.

Under his leadership, San Francisco is the first city in the country to establish the right to civil counsel for low-income residents being denied basic human rights such as housing, as well as to give workers the right to request flexible and predictable working arrangements to take care of their families. He passed progressive business tax reform that will bring $300 million of new revenues over the next decade.

When it comes down to it, we have two Assembly candidates, David Chiu and David Campos, who share the strongly held progressive values of the Guardian’s readers. I am a longtime supporter of the Guardian and have valued its endorsement in my previous races. The difference lies in style and effectiveness.

I know how urgently San Francisco needs a leader in the Assembly who can bring people together to get significant things done. The challenges and opportunities our city faces demand it. I know David Chiu can do this because he has done it, over and over again, in five and a half remarkably effective years of progressive leadership on the Board of Supervisors.

Please join me in supporting David Chiu for State Assembly.

Debra Walker is an artist who serves on the Building Inspection Commission, recently reappointed to that seat by David Chiu.

Politics trumps police oversight

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EDITORIAL

A proven advocate for the public interest was removed from the San Francisco Police Commission last week. Not only was this a missed opportunity for stronger civilian oversight at a time when the San Francisco Police Department is under federal scrutiny, it raises disturbing implications about how things get done in City Hall.

The Board of Supervisors voted to oust Police Commissioner Angela Chan, voting 7-4 to strike Chan’s name from the appointment and replace it with contender Victor Hwang instead. City Hall insiders privately explained that Chinatown power broker Rose Pak, a friend of Mayor Ed Lee who wields great political influence, pressured supervisors to vote for Hwang specifically because she and her allies wanted Chan to be ousted. Supervisors who could not be relied upon to vote for Hwang were even reportedly cautioned that they shouldn’t be too vocal about their positions.

A civil rights attorney who proved effective and independent as a commissioner, Chan often directed pointed questions at police, for example drilling down on the finer details of officer-involved shootings.

Hwang, also a civil rights attorney, is qualified and respected, but he didn’t need to replace Chan. There’s another vacant seat on the commission — up to Mayor Ed Lee to appoint — so this vote was never about Hwang’s qualifications versus Chan’s. There was room for both.

This was about political patronage, pure and simple. It was about getting rid of an independent voice and replacing her with the former chair of the “Run Ed Run” committee, which urged Lee to break his pledge and run for mayor — a tradeoff that hurts police accountability.

Having two civil rights attorneys on the Police Commission would have sent a strong signal that the city is serious about addressing police misconduct at a time when the SFPD officers are facing federal charges for alleged civil rights violations (see “Crooked cops, March 4).

Supervisors should have called upon Lee to appoint Hwang rather than ousting Chan. Instead, the board majority was unwilling to challenge the consolidated power of Lee and his well-connected allies, who conducted an anti-democratic closed-door lobbying effort.

Board President David Chiu, who is running for Assembly, stated at the meeting that he’d asked Lee about appointing Hwang to the vacant seat, only to be told: “It is not something that will happen.”

So Chiu was unwilling to question the mayor’s bizarre refusal to appoint a candidate that Lee’s own allies were furiously advocating for. Instead of pushing for stronger civilian oversight of police, Chiu and six other supervisors voted to oust a commissioner with a proven track record.

If elected officials are casting votes for personal advancement, or out of fear that they’ll be rendered ineffective as punishment for pissing off the wrong people, then San Franciscans have a big problem: Their local government is beholden to the whims of entrenched power.

 

Cycling to City Hall

56

steve@sfbg.com

When the first Bike to Work Day was held in San Francisco 20 years ago, cyclists had little support in City Hall. But on May 8, almost every one of the city’s top political leaders will take part in Bike to Work Day, pledging their support to an increasingly popular and important transportation option.

In fact, Bike to Work Day has become such an anticipated event in San Francisco that city officials and cycling advocates in recent years have used it as the deadline to unveil the latest high-profile bike project to demonstrate the city’s commitment to cycling.

This year, it’s the new contraflow bike lanes on lower Polk Street, an important connection from Market Street to City Hall that helps cyclists avoid dangerous, car-centric Van Ness Avenue or Larkin Street — without having to illegally cut up the one-way section of Polk.

When that $2.5 million bike and pedestrian project — with its attractive landscaping, pedestrian bulb-outs, pretty green lanes, and trio of special bike-only signal lights — was officially opened on May 2, bike activists kept circling the new lanes as if they were doing victory laps.

“I cannot think of a better way to kick off Bike Month in the Bay Area and the 20th anniversary of Bike to Work Day, coming up May 8, than to celebrate what I think is the most beautiful, functional, well-designed, and what is probably going to be the best used piece of bike infrastructure in our city,” San Francisco Bicycle Coalition Director Leah Shahum said at the ribbon-cutting ceremony.

She and the others who spoke at the event praised the city officials who moved quickly to complete this project, calling it a testament to the growing political will to make streets safer and more welcoming for cyclists.

“I will be honest, we put a lot of pressure on to get this done by Bike to Work Day,” Shahum said. “We really wanted to make sure you all and the folks throughout this city could, this year, for the first time in San Francisco’s history, make a safe and comfortable and direct link from Market Street…to City Hall.”

Building high-profile, separated cycletracks to the steps of City Hall seems to symbolically mark the arrival of cyclists into the political mainstream.

 

TIMES HAVE CHANGED

Twenty years ago, California Bicycle Coalition Director Dave Snyder was the head of SFBC, and he was able to persuade only one member of the Board of Supervisors to participate in that first Bike to Work Day.

“I should give a shout-out to Tom Ammiano because he was the first supervisor to care enough to ride on Bike to Work Day, back when the Board of Supervisors didn’t really care about cycling,” Snyder told us. “These days, it’s not uncommon for supervisors to ride for transportation, but back then none did.”

Shahum remembers it as well, back before the SFBC was one of the city’s largest member-based political advocacy organizations.

“Twenty years ago, Bike to Work Day was a fun but sort of lonely event,” Shahum told us, noting how the number of cyclists on the road has exploded in recent years. “Riding on a regular Thursday during rush hour feels like Bike to Work Day used to feel 20 years ago.”

But both Snyder and Shahum said the universal statements of support for cycling that emanate from City Hall these days are only half the battle.

“It’s a good idea to promote bicycling as a mainstream activity, and we won that battle,” Snyder said. “Now, we have to get them to put their money where their mouth is.”

With cycling projects receiving less than 1 percent of the city’s transportation funding, and city officials so far unwilling to pay for the projects that would allow the city to meet its official goal of 20 percent of all vehicle trips being by bike by the year 2020, Snyder said, “We haven’t accomplished that second goal yet.”

“We hear them all talk about investing money in bike infrastructure,” Shahum told us, “but now the decision makers need to do it.”

A report released in December by the Budget and Legislative Analyst’s Office shows that San Francisco spends less per capita on bike infrastructure, at just over $9 annually, than other bike-friendly US cities such as Portland, Minneapolis, and Seattle. And it found the city would need to spend about $580 million to reach its official goal of 20 percent bike mode-share by 2020.

Even meeting the SFMTA’s more moderate Strategic Plan Scenario — which aims to reach 8-10 percent mode-share by 2018 by creating 12 miles of new bike lanes and upgrading 50 existing miles and 50 intersections — would require $191 million. That’s $142 million more than the SFMTA now has budgeted for the work.

 

FUNDING PITCH

At the May 2 event on Polk Street, city officials used the new project to call on voters to approve a pair of transportation funding measure proposed by Mayor Ed Lee for the November ballot — an increase in the vehicle license fee and a $500 million general obligation bond — which the Board of Supervisors will consider later this month.

“Do you guys like what you see here?” SFMTA Director Ed Reiskin told the crowd, eliciting a rousing response. “Would you like to see more of this kind of work all over San Francisco?”

Then Reiskin connected that goal to the fall ballot measures, the lion’s share of which will go to Muni improvements.

“With the funds we have, there’s only so much of this we can do and we know the need is so great to make biking and walking a safer and more attractive means of getting around the city. If we want to do more of this, we’re going to need more support in November,” Reiskin said.

The city has make significant progress on new bike infrastructure in recent years, after a legal challenge of the city’s Bicycle Plan stalled projects for four years. Ben Jose, a spokesperson for the SFMTA, told us the Polk project is the 52nd of 60 bike improvement projects from the Bike Plan.

“And those that are left are signature projects like this one,” Jose said at the event, referring to high-profile bike lanes along Bayshore and Masonic boulevards, on upper Polk Street, and along Second Street that are among the bike projects now in the pipeline. But the city hasn’t yet devoted the resources to completing the city’s bike network.

“We want to do more projects like this with money from the fall ballot measure,” Rachel Gordon, a spokesperson for the Department of Public Works, told us. “We don’t have enough money in our general fund to do these projects and we hear loud and clear the streets need to be safer for bicyclists and pedestrians.”

 

LITTLE PROJECT, BIG GAIN

The new bikes lanes on Polk are only a few blocks, but it is those kinds of small but critical connections that determine whether cycling in the city is safe or scary.

“I want to know that I can bike safety going north and south on Polk Street, which is why I strongly, strongly support our protected bike lanes on Polk Street, so this is super exciting. As a beginning cyclist, these are the kinds of routes I need to see to get out of my car and onto a bike, so I’m really excited this is the direction our city is moving in,” Sup. Jane Kim said at the event.

Reiskin noted how awkward and unsafe it has been to get from Market Street to City Hall or up Polk Street: “Physically, it’s a pretty small project, but it’s so critically important for those of us who do get around by bike.”

Cyclist Shannon Dodge also spoke at the event, describing her previously awkward commute to work from the Mission District to Russian Hill: “It might look like a tiny stretch of bike lanes to most people, but to me and lots of other people it will make a huge difference. It means we can turn now directly onto Polk Street and we can do it safely.”

She also compared cycling in San Francisco today to the days just before Bike to Work Day began.

“Twenty-one years ago this month, I moved to San Francisco from the East Coast. I came in a van with three friends, so I didn’t bring a lot of possessions. But I did bring my bike and I’ve been biking in San Francisco ever since,” Dodge said.

Back then, in her younger days, she didn’t mind battling for space on the streets of San Francisco.

“When I first moved here, just out of college, safety was not that important to me. I kind of enjoyed the adrenaline rush of being out on a bike in traffic,” she said. “But now I’m a mom. I have a 3-year-old son, and my husband and I bike our son to and from his preschool everyday. And on the weekends we explore the city, which usually means he’s on one of our two bikes. Pretty soon, he’ll be riding his own bike out on San Francisco streets. So safety is incredibly important to me, as it is to all families.”

Illegal anti-Campos flyers the subject of an ethics complaint

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Several San Francisco neighborhoods over the last week have been targeted with illegal campaign flyers against Assembly candidate David Campos — breaking both state election laws requiring the group and its funding source to be identified and local laws against placing political flyers on utility poles and other surfaces.

Former Ethics Commission Eileen Hansen this week filed a complaint about the guerilla campaigning with the California Fair Political Practices Commission, which has jurisdiction over state races.

“I am asking for the intervention of your office into what appears to be a blatant and arrogant violation of campaign finance reporting and disclosure laws in California’s 17th Assembly District Primary Election,” Hansen wrote in the April 30 letter. “As you well know, the political climate in San Francisco is quite sensitive, and nerves are raw. If this violation is allowed to continue, it will have a chilling effect on the entire election and further alienate voters, and potential voters.”

The race between Campos and David Chiu has indeed gotten more heated in recent weeks, but Chiu campaign spokesperson Nicole Derse denies that the campaign has any knowledge or involvement with the illegal campaigning: “We think everyone in this race should be transparent.”

In her letter, Hansen casts doubt on the Chiu campaign’s claims of innocence: “The wide distribution, professional design, and overnight appearance in distant locations strongly suggest that these flyers have been produced and distributed by a funded political organization aligned with Assembly candidate David Chiu, whose aim is to attack and discredit Chiu’s opponent David Campos.”

And she even identifies a leading suspect in this illegal campaigning: Enrique Pearce and his Left Coast Communications firm, which has a history of dirty tricks campaigning on behalf of Mayor Ed Lee and other establishment politicians. Hansen notes that the flyers appeared right after the registration of a new campaign committee, San Franciscans for Effective Government to Support David Chiu. Although the group hasn’t reported any fundraising yet, its contact phone number goes to Left Coast Communications and Pearce, who hasn’t yet returned our calls on the issue. [UPDATE: Pearce called back and categorically denied any involvement with the illegal flyers, and he blasted Hansen for speading what you called “scurrilous lies” with no foundation, saying he has called her directly and expects an apology.]

This campaign stunt in reminiscent of an “independent expenditure” effort in the District 6 supervisorial race in 2010, when Pearce was connected to a mailer supporting Sup. Jane Kim that was funded partially by Willie Brown, again because the supposedly independent group listed his phone number even though he was worked directly for Kim.

The anti-Campos mailers include some nasty and misleading charges, labeling Campos “City Hall’s Hypocrite” by falsely claiming Campos ignored rising evictions until he decided to run for the Assembly and that he was concerned about Google buses but wanted to charge them less than $1 per stop. A third flyer claims Campos “lets wifebeater sheriff keep his job” for his vote against removing Sheriff Ross Mirkarimi from office for official misconduct.

“This is a secretly funded shadow organization aligned with David Chiu, committing a desperate move that is as illegal and it is false in its claims,” Campos told us, saying he hopes the FPPC is able to stop and punish those involved. 

Lawsuit filed to halt “Google bus” shuttle pilot program

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The road to regulating Google Buses has a new pothole: a lawsuit. 

A lawsuit filed in San Francisco Superior Court today demands the San Francisco Municipal Transportation Agency’s commuter shuttle pilot program be set aside while a full environmental review is conducted under the California Environmental Quality Act.

“We know that these buses are having devastating impacts on our neighborhoods, driving up rents and evictions of long-time San Francisco residents,” Sara Shortt, executive director of the Housing Rights Committee of San Francisco and one of the lawsuit petitioners, said in a press statement. “We’ve protested in the streets and taken our plea to City Hall to no avail. We hope to finally receive justice in a court of law.”

The suit was filed against the City and County of San Francisco, Mayor Ed Lee, the Board of Supervisors, the SFMTA, Google, Genentech, Apple, and a handful of private transportation providers. It alleges the tech shuttle pilot project is in violation of the California Vehicle Code which prohibits any vehicle, except common carriers (public buses), to pull into red zones that are designated as bus stops. It also alleges the city abused its discretion and violated the CEQA by exempting the Shuttle Project from environmental review.

The Coalition for Fair, Legal and Environmental Transit, Service Employees International Union Local 1021, the union’s Alysabeth Alexander, and Shortt are the petitioners of the suit. In early April, they also petitioned the Board of Supervisors to vote for an environmental review of the tech shuttles.

The contentious meeting lasted over 7 hours, with housing advocates and tech workers firing shots from both sides into the night. Ultimately the supervisors voted 8-2 against the environmental review, a move seen as driven by a deferential attitude towards the technology industry in San Francisco. 

Paul Rose, a spokesperson for the SFMTA, responded to the lawsuit in an email to the Guardian.

“The agency developed this pilot proposal to help ensure the most efficient transportation network possible by reducing Muni delays and congestion on our roadways,” Rose wrote.  “We have not yet had a chance to review the lawsuit and it would not be appropriate to comment on any pending litigation.”

The early April vote was only the latest in the city’s alleged deferential treatment towards the commuter shuttles. 

The SFMTA allowed the shuttles to use Muni bus stops for years without enforcing illegal use of red zones, the suit alleges. A study by the city’s Budget and Legislative analyst revealed that out of 13,000 citations written to vehicles in red zones in the last three years only 45 were issued to tech shuttles — despite the SFMTA’s knowledge of 200 “conflicting” bus stops between Muni and the tech shuttles. 

Much has been made of those startling numbers, with petitioners alleging a “handshake deal” on the part of the SFMTA to tech company shuttles, allowing them to park at red zones at will.

But emails the Guardian obtained by public records request show Carli Paine, head of the tech shuttle pilot program, followed up complaints on illegal stops made by tech shuttles since 2010, but to no avail. 

“Know that I have made clear to the shuttle providers that the law says that it is not legal to stop in the Muni Zones,” Paine wrote in a July 2012 email to a colleague who was in contact with tech companies. “Participating in this process does not mean that they are guaranteed not to get tickets–especially if they are doing things that create safety concerns or delay Muni.”

Paine also attempted to clarify enforcement policies around the shuttles with enforcement officers from the SFPD and SFMTA, also to no avail, the emails show.

The deferential treatment to shuttles may not have originated from the SFMTA then, but from higher up the political ladder. 

“There are a number of our supervisors who do not want to buck the tech industry,” Shortt told the Guardian. “They feel there may be more to gain from allowing illegal activity to continue by these corporations than support.”

But does the suit call for the tech shuttles to stop running? We asked Richard Drury, the attorney filing the suit, to explain the specific asks of the suit.

“Not technically no,” Drury said. “They’ve operated illegally for years and the city turned a blind eye. They could continute to do that while the city runs an environmental review, but if the SFMTA or Police Department decided to start ticketing them for $271, they could.” 

So the lawsuit wouldn’t stop the shuttles. It just asks for them to be reviewed. 

Among issues regarding air quality the shuttles’ heavy weight damages city streets at much higher rates than cars, studies by the city’s Budget Legislative Analyst showed. Studies conducted by students and other interested individuals revealed increased rents near shuttle stops, which the filers of the lawsuit say leads to a displacement of residents.

Displacement is a consideration in CEQA reviews, a recent addition to state law.  

“We’re just asking for the city to study the impacts,” Drury said. “Maybe that means the shuttles get clean fuel, or corporations pay to offset displacement of residents.”

Below is a downloadable PDF of the lawsuit.

Google Bus Commuter Shuttle Lawsuit by FitztheReporter