David Chiu

Strange bedfellows: Moderate Mark Farrell endorses progressive David Campos for Assembly

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Political moderate Supervisor Mark Farrell announced his endorsement of Supervisor David Campos for Assembly today. It’s a real shocker, here’s why. 

A bastion of Marina district politics and part of the city’s neoliberal to fiscal conservative faction, Farrell is about as ideologically opposed to Campos’ brand of progressive politics as you can get in this city. If Campos is a firebrand with a picket sign, Farrell is a tie-wearing venture capitalist with his nose in a budget book. But still, Farrell has found an ally in Campos, and vice versa. 

“From working to close loopholes in San Francisco’s universal healthcare law to enhancing public safety and reducing homelessness by helping to implement Laura’s Law, David has proven his commitment to finding solutions through cooperation and compromise,” Farrell said in a press statement. “I trust his dedication to the public interest and know that he will find ways to bridge his progressive ideals with the pragmatic realities facing our state. I firmly believe he will be an effective leader for San Francisco in the State Assembly.”

The two worked together to find compromise solutions on a number of measures, including a deal to save St. Luke’s Hospital. But few deals were more controversial than Laura’s Law, which worried advocates for the homeless community, and Campos. The problem? The community felt that if homeless people would be forced into mental health treatment, their care and mental well-being would be threatened. On Farrell’s side, he was concerned for public safety, and felt those with mental health problems weren’t getting the treatment they needed.

There was an ideological split on how to help those with mental health problems. 

But Campos and Farrell eventually forged an agreement, allowing for interventions offering voluntary care from family and peer advocates, before involuntary treatment was invoked. Wrap around services would also be available to help alleviate the real life stressors that contribute to mental health issues, another win.

Farrell got Laura’s Law, and Campos and homeless advocates won vital protections. That’s the kind of compromise Board President David Chiu, Campos’ opponent in the Assembly race, has said time and time again that Campos is not capable of due to his staunch progressive values.

Clearly, Farrell disagrees, hence his endorsement.  

“I’m honored to have earned Mark’s endorsement,” Campos said, in a press statement. “We have worked together on a number of significant projects and pieces of legislation, from the CPMC rebuild project to small business tax legislation, and through community-minded negotiations, we have been able to find common ground on a number of issue critical to the residents of San Francisco.”

Although Chiu has passed much legislation, and brands himself as the “compromise candidate,” many political insiders noted that’s an easy political position when you maneuver yourself into becoming a key swing vote. When the board is split and you are the lone vote that could make or break legislation, people have to compromise with you. There’s a hammer over their heads. 

But Campos and Farrell are on opposite sides of the political spectrum, as far to either political pole on the Board of Supervisors as you can get. So the two talk, compromise, and make deals that help all their constituents win. 

No matter which Assembly candidate eventually goes to Sacramento, neither Chiu nor Campos will walk in wielding a hammer. The new Assemblyperson will be a freshman lawmaker, the back of the pack, as it were.

When we brought up that point with Farrell, he echoed the sentiment. 

“As a new legislator you don’t come up there with a ton of authority,” Farrell told us. “It’s about forging relationships and working for compromise. David Campos did that with me on the Board of Supervisors, and I believe he could do that in the Assembly.”

UPDATE 12:31 PM: David Chiu’s campaign consultant, Nicole Derse, got back to the Guardian with some observations from Chiu’s camp. 

“I don’t know why Farrell decided to endorse Campos, but when you look at endorsements that affect the district, Kamala Harris or Dianne Feinstein, those are what really affect the state,” Derse said. “This is one random supervisor. The deep support [for David Chiu] from statewide and elected officials is really strong.” 

The endorsement of Campos by Farrell is unique for its aisle-reaching quality. It’s as if the late, well-known Republican Warren Hellman endorsed the progressive anti-speculation tax. To that point, Derse said Chiu had an aisle-crossing endorsement as well. 

“Debra Walker is a pretty good comparison, she ran for the Harvey Milk LGBT Democractic Club and she came out really early for Chiu right out the gate,” Derse said.

Walker was appointed to the Building Inspection Commission by Chiu near the time she endorsed him. Even then, she told the Bay Area Reporter she was considering a dual endorsement.

What’s the difference between David C. and David C.?

The Bay Guardian news staff has been meeting with a host of politicians and local movers and shakers recently, to help inform our decisionmaking on the Endorsements issue for the upcoming November election, which hits newsstands Oct. 8.

You can thumb through it for our full package of voting recommendations. In the meantime, we’re offering a closer look at the candidates here on our Politics Blog, where we’ll post the full audio recordings from most of the endorsement interviews we conducted in recent weeks.

Tune in here to learn more about each candidate and ballot measure, and decide for yourself which ones seem worthy of support.

This installment features a pair of audio recordings from our interviews with David Campos and David Chiu, opponents in the race for California Assembly District 17, who represent Districts 9 and 3, respectively, on the San Francisco Board of Supervisors.

As Chiu notes early on in his endorsement interview, “You have in this race two guys named David C., who both have immigrant backgrounds, who both went to Harvard Law School, who are both progressive Democrats by any standard of the state, who have served together for the exact same period of time. And I would also point out that we have voted together 98 percent of the time. I think the key distinction between David and David is, I have moved forward, I have built consensus at the Board of Supervisors time after time on the most difficult and challenging issues that we’ve had … and I have passed … 105 ordinances, while David Campos has done that about a third as often.”

Listen to the full Bay Guardian interview with David Chiu:

Campos, meanwhile, presented a different narrative when comparing himself to Chiu.

“What this race presents to voters is, I think, a clear choice, between two different visions for where San Francisco should be headed,” Campos said. “I think that there are two good people who are running for this office, who have notwithstanding some similarities, real differences in terms of where the city needs to go. I believe that we need to first recognize that we have an affordability crisis, and I’m proud that I was the first member of the Board of Supervisors who started talking about a crisis. And I think that what we need is someone who is going to be a champion for working people, middle-income people in Sacramento. I am running for the most … progressive Assembly district in the entire state of California. And I believe that the person who follows in the footsteps of Tom Ammiano has to be a champion of the underdog.

Listen to the full Bay Guardian interview with David Campos:

SF supervisors vote to legalize and regulate Airbnb’s short-term rentals

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The San Francisco Board of Supervisors today approved controversial legislation to legalize and regulate short-term housing rentals to tourists, voting 7-4 on the package after supervisors narrowly rejected a series of amendments to rein in an activity that has taken thousands of units off the market for local residents.

Amendments to limit hosted rentals to 90 nights per year, to require that Airbnb pay about $25 million in back transient occupancy taxes it owes the city before the legislation would go into effect, to exclude in-law units from eligibility for short-term rentals, and to limit rentals in single-family home neighborhoods failed on a series of 5-6 votes.

Sups. John Avalos, David Campos, Eric Mar, Norman Yee, and Jane Kim voted as a block on the amendments to limit the scope of short-term rentals facilitated by Airbnb and other companies, as a broad coalition that includes tenant, landlord, labor, neighborhood, and affordable housing groups had sought. Kim parted from that block to vote yes on the final legislation, which the others opposed.

Amendments proposed by Kim to give housing nonprofits the right to file injunctive lawsuits to help enforce the legislation and by Campos to ban short-term rentals in units that have been cleared of tenants by Ellis Act evictions were approved 8-3. But because those changes were substantial, they were turned into trailing legislation that must go back to the Planning Commission.

Despite a series of amendments since Board President David Chiu proposed the legislation over the summer, its basic tenets have changed little. It requires short-term rental hosts to register with the city and rent out only their primary residence, which they must live in for at least 275 days out of the year, with the Planning Department enforcing the regulation on a complaint basis.

That effectively limits the rental of entire homes to 90 days per year, but Chiu, Airbnb, and its hosts strenuously rejected calls to extend that cap to hosted rentals, such as spare bedrooms that might otherwise be available to permanent city residents. Chiu said his legislation was “framed through the lens of our housing affordability crisis,” arguing that many San Franciscans rely on Airbnb income to make their rent.

Avalos said he understands that position, but he said tourists shouldn’t be displacing San Franciscans, proposing the 90-day limit on all short-term rentals. “I think it’s important to maximize our residential housing stock to the utmost,” he said. Mar also voiced strong support for extended the cap, criticizing the “cult-like” beliefs by some home-sharing advocates.

As I’ve been reporting in the Guardian over the last two and a half years, Airbnb and its hosts have been openly defying city laws against short-term rentals, as well as ruling by the Tax Collector’s Office that the city’s transient occupancy tax (aka hotel tax) of about 15 percent applies to short-term rentals.

Airbnb just began to collect that tax for its guests last week, but Campos argued that it should pay those back taxes going back to the city ruling in the spring of 2012 before the city legalizes and validates its activities. Company representatives have said its TOT collection would total about $11 million per year.

“I believe it’s only right that Airbnb make good on its back taxes before this legislation becomes law,” Campos said, arguing this $10 billion company is being rewarded for defying city regulators. “Do we give special treatment to a multi-billion-dollar company?”

But supporters of the legislation were anxious to move it forward, despite the dizzying series of complicated amendments, something Avalos said was unusual. “I’m surprised it was given the green light to leave today,” Avalos told reporters after the vote. “There was a lot of pressure to move it forward.”

Now the question will be whether the Planning Department can effectively enforce the regulations, particularly given that Airbnb has been unwilling to share data that might help in that effort. City officials have seemed powerless to enforce laws against short-term rentals that have been on the books for decades, even with rising public concern about the issue over the last year.

“I’m concerned that the legislation simply isn’t enforceable,” Kim said, arguing for the private right of action component that will be returning for board consideration in the coming months.

The other question is whether we’ve heard the end of an issue that has polarized city residents, or whether the coalition of opponents will succeed in a threatened initiative campaign to put more stringent new short-term rental regulations before voters next year.

Sup. Mark Farrell thanked Chiu for taking on the issue despite the intractable positions on both sides, saying, “I think everyone recognizes this to be a no-win situation.” Wiener are referenced the wide emotional divide on the issue: “The views around it are so intensely divergent.”

“The status quo is not working. This system of home sharing is happening in the shadows with little or no oversight,” Wiener said. “It’s time to bring it out of the shadows.”  

Even supporters of the legislation, such as Breed, said they would continue closely monitoring the situation to ensure the legislation helps curbs widespread abuses of lucrative short-term rentals, including landlords evicting rent-controlled tenants to use Airbnb and entrepreneurial tenants renting out multiple apartments through Airbnb, practices Chiu sought to curb.

“The one thing that I think everyone can agree upon is the status quo is not working,” Chiu said early in the hearing.

After the legislation — which comes back to the board for a perfunctory final vote next week and goes into effect in February barring legal challenges — Airbnb’s Public Policy Director David Owen told the Guardian, “It’s a tremendous step forward and we have a lot of work to do.”

Alerts: Oct 8-14, 2014

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WEDNESDAY 8

Supervisor/Assembly candidates offer views on city parks


Hall of Flowers, Golden Gate Park, SF. social@sfparkalliance.org. 6-8pm. Join candidates in supervisor Districts 2,4,6,8 and 10, who raised $5,000 for the Parks Alliance by the June 30th deadline, as well as candidates David Chiu and David Campos for Assembly District 17, in a public forum to hear all positions on issues such as parks funding. The San Francisco Parks Alliance and Friends of the Urban Forest are hosting this event.


THURSDAY 9

November 2014 Election: The Equity Debate


University of San Francisco, Maier Room, Fromm Hall (behind St. Ignatius church), 2497 Golden Gate, SF. www.usfca.edu/artsci/pols/events. 6-8pm, free. Candidates from three local races — Assembly District 17, Board of Supervisors District 10, and San Francisco Unified School Board — will discuss their platforms surrounding issues of inequality in San Francisco. The forum will be moderated by Professor James Taylor of the Department of Politics, and is sponsored by the Leo T. McCarthy Center for Public Service and the Common Good along with a host of community organizations.


Bridging the Gap — A Bay Guardian Transit Riders Union community forum


San Francisco LGBT Center, 1800 Market Street, SF. tinyurl.com/transithousing. 6-8pm. In collaboration with the San Francisco Transit Riders Union, the Bay Guardian hosts this community forum to explore a central issue facing our city. San Francisco needs more affordable housing, a robust public transit system, and fully funded social services if it is to remain an efficient, diverse, compassionate city. Unfortunately, some political leaders have pitted transportation and housing activists against one another in recent years, particularly so in the upcoming election on Propositions A, B, K, and L. We’ll examine why that happened, the political tactics that are being employed, and what can be done to bridge the gap along with a panel of activists and experts.

SATURDAY 11

Cleve Jones 60th birthday and San Francisco AIDS Foundation benefit


The Cafe, 2368 Market, SF. sfaf.org/morecleve. 9pm-2am, $30 general, $80 VIP. Celebrate Cleve Jones—activist, advocate, and SFAF co-founder—at a party hosted by celebrated drag performer Juanita MORE! Featuring the best dance tunes of the past four decades, special guest appearances by Dustin Lance Black and more, and a very special performance by actor and singer Jonathan Groff, all proceeds from this event will benefit the Cleve Jones Fund to end HIV transmission.

Opponents seek changes in Airbnb legislation before big hearing

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The broad and diverse coalition opposing Sup. David Chiu’s legislation to legalize and regulate Airbnb and other short-term housing rental companies — which the Board of Supervisors will consider tomorrow [Tues/7] — have boiled its many concerns down to three particular demands.

The coalition of tenant and landlord groups, affordable housing and neighborhood advocates, hotel workers and homeowners, and asundry other community leaders held another in a series of rallies on the steps of City Hall on Friday, again raising a variety of concerns.

But now, they’re penned a letter that has “three core recommedations.” The first is a call to limit rentals to 90 nights per year. That has been a feature of Chiu’s legislation from the beginning for unhosted rentals, given that it requires hosts to be permanent residents who live in their units at least 275 days per year, but the legislation still allows hosts to rent out a spare bedroom through Airbnb with few limits.

“If this is not done, the current proposal will allow year-round tourist rentals in every residential unit in the City which will drive up housing prices, create further economic incentive to increase evictions, further deplete housing stock for residents, and deteriorate the quality of life in our residential neighborhoods,” the coalition wrote in a letter to Chiu.

The supervisor had been a little cagey about the 90-day limit in the past, but when we pressed him on the issue during his endorsement interview with the Guardian last week, he confirmed that his legislation would allow spare bedrooms to be rented for more than 90 nights per year.

Chiu said his primary concern with the legislation was ensuring entire homes can’t be rented more than 90 nights per year, which he said was the main threat to the city’s rental housing stock, but he was open to amendments that would limit the rental of spare rooms, although that’s a practice he still wants to allow.

“We are grappling with the idea of what that balance is,” he told us.

The coalition is also asking for the legislation to explicitly ban short-term rentals of below-market-rate units and other affordable housing built with public subsidies. The third recommendation seeks to include “expedited private right of action” in the legislation, allowing neighbors and other third parties to file enforcement actions with the courts without waiting for city enforcement processes to slowly play out first.

That’s been a big problem recently as the San Francisco Tenants Union and other groups try to file lawsuits against landlords that have evicted rent-controlled tenants in favor of tourist rentals through Airbnb and other sites, but they’ve been prevented from doing so by foot-dragging in the Planning Department and Department of Building Inspection.

Members of this coalition will also present individual demands tomorrow, but the coalition also conveyed its opposition to supervisors approving this legislation tomorrow:

“We are unanimous in our position that the process being pursued by Supervisor Chiu is rushed. The City will live with the intended (and unintended) consequences of this legislation for many, many years. We implore you to amend the legislation with the recommendations articulated above, and as necessary postpone the Board hearing on this measure. This is one of the most important housing policy issues the City has faced in a decade, and the ‘solution’ by the Board of Supervisors must be done right and not hurried.”

The legislation will dominate the otherwise sparse agenda for tomorrow’s meeting, which starts at 2pm in City Hall. We’ll be live-tweeting the action, so follow along @sfbg or check back here for the full report. 

Ron Conway’s attack on Campos fails to persuade actual feminists

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Remember when deep-pocketed tech investor Ron Conway poured hefty cash into an independent expenditure committee to finance campaign mailers designed to smear Assembly candidate Sup. David Campos, by equating his vote to reinstate Sheriff Ross Mirkarimi with support for murderous domestic abusers?

Well, those ads carried little sway with the National Organization for Women, California’s largest feminist organization. The statewide group’s political action committee sent out a press release Mon/22 to announce its endorsement of Campos for California Assembly District 17. In addition to listing some positive things Campos has done for women, such as creating a 25-foot buffer zone at the Planned Parenthood Clinic near St. Luke’s Hospital to protect women from harassment by anti-abortion activists, NOW’s press release specifically berated his opponents for these “misleading attacks.”

Reached by phone, California NOW President Patricia Bellasalma said the attack mailers qualify as “really outrageous.”

And furthermore, she added, where was this financier when actual protections against domestic violence were being gutted in Sacramento?

“This individual that spent all of this money,” Bellasalma said, referring to Conway, “I didn’t see him in Sacramento when the governor completely got rid of the domestic violence mandate,” a state law mandating law enforcement response to domestic abuse calls, recording of those calls to emergency personnel, maintenance records of protection orders, and incident reports.

“If we want to have a discussion about what the city and county of SF should be doing in the area of violence … it doesn’t belong in this race,” Bellasalma added, “and it has nothing to do with either of them,” referring to Campos and his opponent, Board President David Chiu.

Across California, “The vast majority [of] the progressive women’s organizations are with David Campos,” Bellasalma added. “If you’re a Sheryl Sandberg ‘Lean In’ sort of gal, then David Chiu is more your thing.”

Still not sharing

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news@sfbg.com

As controversial legislation to legalize and regulate Airbnb and other short-term housing rental services operating in San Francisco headed for another contentious City Hall hearing on Sept. 15, the San Francisco Treasurer & Tax Collector’s Office quietly unveiled new policies and mechanisms for hosts to finally start paying long-overdue local taxes on their rentals.

Board of Supervisors President David Chiu’s legislation attempts to strike a balance between protecting housing for permanent city residents — including tenants in rent-controlled units who are being displaced in favor of visiting tourists — and allowing San Franciscans to sometimes rent out rooms through companies such as Airbnb. That practice has mushroomed during the Great Recession even though such short-term rentals of residential units have long been illegal in San Francisco (see “Into thin air,” 8/20/13).

Among other provisions, Chiu’s legislation would require hosts to register with the city and live in their units for at least 275 days per year (thus limiting rental nights to 90), create enforcement procedures for city agencies, and protect below-market-rate and single-room occupancy units from being used as short-term rentals.

But Airbnb has also been snubbing the city for more than two years since the Tax Collector’s Office held public hearings and concluded that short-term rental companies and their hosts are required to collect and pay the city’s Transient Occupancy Tax (aka, the hotel tax), a surcharge of about 15 percent on room rentals usually paid by visiting guests (see “Airbnb isn’t sharing,” 3/19/13).

After other media outlets finally joined the Bay Guardian in raising questions about the impact that Airbnb and other companies was having on San Francisco — and with cities New York City, Berlin, and other cities taking steps to ban short-term rentals — Airbnb announced in March that it would begin collecting and paying the TOT in San Francisco sometime this summer.

But that still hasn’t happened, even though Tax Collector Jose Cisneros recently unveiled a new website clarifying that Airbnb hosts must register as businesses and pay taxes and created a streamlined system for doing so. The office is even allowing Airbnb and other companies to register as “qualified website companies” that collect and pay these taxes on behalf of hosts.

“The law does apply to these transactions,” Cisneros told us. “And the set of requirements are the same for the hosts and the website companies.”

Airbnb didn’t respond to Guardian inquiries for this story.

Meanwhile, an unusually diverse coalition of critics continues to raise concerns about Airbnb and the regulatory legislation, including renter and landlord groups, neighborhood and affordable housing activists, labor leaders, and former members of the Board of Supervisors (including Chiu predecessor, Aaron Peskin) and Planning Commission. They penned a Sept. 15 to Chiu calling for him to delay the legislation.

“Individually and collectively, we have advanced nearly two dozen additional amendments that address the issues raised by short-term residential rentals. While we are not of one mind on every issue or every suggested amendment, we are unanimous in our belief that the process you are pursuing is rushed,” they wrote. “The City will live with the intended (and unintended) consequences of your legislation for many, many years.”

Sources in Chiu’s office had already told the Guardian that he planned to keep the legislation in committee for at least one more hearing so the myriad details can be worked out, as Chiu said at the hearing as well.

“We want to have the time to continue to vet and hear all of the perspectives, and at the end of the day what I hope to do is to be able to move forward and build incentives around something that is far better than our current status quo,” Chiu said at the hearing. “This is a very complicated issue, and we all know that we need to get this policy as right as we can.”

Planning Director John Rahaim conveyed concerns from the Planning Commission that the legislation beef up the city’s ability to regulate short-term rentals.

“The commission does believe that the law should be updated to create a legal avenue for those who do want to host,” Rahaim said. “However, currently there are about 5,000 units in the city engaging in short-term rentals. It’s very difficult to know if there are units not being lived in by a full-time resident.”

A long line of speakers wound completely around the packed chamber in City Hall, awaiting their turn to speak publicly to supervisors and city residents, from 20-somethings making a lives renting out their homes to longtime tenants fearing that home-sharing will hurt city’s character.

Airbnb was represented at the hearing by David Owen, a former City Hall staffer who is now director of public policy for the company, and he was publicly confronted by Chiu on the tax issue. Chiu criticized Airbnb for failing to start collecting those taxes as promised.

“As of now, we are extremely close and you will be hearing from us about that in the near future,” Owen said, provoking audible disbelief from many in the crowd. “We have been working diligently alongside the city. This is a complicated set of issues and those involved have all worked in earnest to facilitate this request.”

When Owen was asked about enforcement of the maximum number of nights a tenant has rented out his unit, he said Airbnb’s cooperation is “akin to the city asking Home Depot.com for a list of home care purchases to see if anyone had illegally renovated their bathroom.” But city officials say they need the company’s cooperation to address its impacts. “We don’t want data, just the number of nights per permanent resident so that we can ensure that the bad outcomes of this setup aren’t occurring,” Sup. Jane Kim said. “Airbnb profits from this industry, and therefore [is] accountable to the city.”

Grassroots campaigns work to counter the influence of big donors

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Big money is pouring into a few campaign committees for the fall election, with Big Soda targeting the soda tax, Realtors gunning for the anti-speculation tax, and the Fisher family last week giving $500,000 to promote artificial turf playing fields in SF (Yes on I, No on H), according to campaign filings. But low-budget grassroots campaigns are still having a strong presence at public events like the Sept. 14 Sunday Streets in Western Addition.

San Franciscans Against Real Estate Speculation, Yes on G, had activists out in force even though it has only raised a few thousand dollars. Its biggest contribution so far is $5,000 from attorney Dean Preston of Tenants Together, who was out there spreading the word near Alamo Square Park, along with campaign consultant Quintin Mecke, the runner-up in the 2007 mayor’s race.

One of the more surprising grassroots campaign of the season is No on L, San Franciscans Against Gridlock, which is campaigning against the pro-motorist Restore Transportation Balance initiative, a measure aimed at undermining the city’s transit-first policy and promoting more free parking.

The Yes on L campaign hasn’t shown much sign of life since the summer when it spent nearly $50,000 on its signature-gathering effort out of about $83,000 raised (including $49,000 from tech titan Sean Parker), but it was sitting on nearly $35,000 in the bank as of July 16.

But the No on L crowd is taking this attack on sustainable transportation policies seriously, and it’s hoping to fill its fairly meager coffers ($5,000 from Daniel Murphy on Sept. 6 is its biggest donation) this evening [Tues/16] from 6-8pm with a fundraiser at Public Bikes, 549 Hayes Street.

That event is hosted by a bevy of transportation activists and Sup. Scott Wiener, David Chiu, and Jane Kim. As the campaign says, “If you care about helping to build a better transit system, a more walkable and bicycle-friendly city, and reducing car congestion in San Francisco, the No on Gridlock, No on L campaign needs your support to raise money to educate voters.”  

Legal aid funding for undocumented youth clears board committee

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Brian, who is 12, came to the United States from Guatemala with his younger brother, Edwin, who is seven. They arrived in a car driven by a coyote, an adult who ferried them across in an arrangement made with their family. But the brothers were quickly detained by Border Patrol agents.

When they were taken into custody, Brian explained through a translator, they heard sirens and went running into a field. The coyote ran in the other direction, leaving them alone. Brian said that when border agents shouted “stop!” he couldn’t understand what they were saying. But when Edwin tripped and fell, they both came to a halt, and were soon apprehended. They spent the next month in a Texas facility, where other Central American youth were also being held.

Brian and Edwin spoke to the Bay Guardian just before a Sept. 10 committee hearing of the San Francisco Board of Supervisors, concerning a proposal to provide emergency legal aid for undocumented youth. Just before the interview, the brothers stood on the grand marble staircase in San Francisco City Hall, surveying the stately surroundings with wide eyes. But when asked what life was like in Guatemala, where they had stayed with their grandmother, Brian’s face got very serious. 

“It was bad,” he said. “We couldn’t live in peace. There were too many gang members. They often killed children and young teenage boys.”

 

Brian and Edwin. GUARDIAN PHOTO BY REBECCA BOWE

The brothers are relatively lucky – they have legal counsel provided by Dolores Street Community Services, and their parents are here with them in San Francisco – yet they are both in deportation proceedings, and could still end up being sent back to Guatemala.

During the hearing at today’s Budget & Finance Committee meeting, more youth shared stories of their own harrowing journeys to the United States and asked the supervisors to approve funding to provide legal counsel for undocumented kids facing deportation proceedings in San Francisco immigration court.

A girl named Natalie, who is 10, described being held in a detention facility she called the “freezer” because of the uncomfortable temperature. “It was unbearably cold. It was freezing,” she said during testimony. “We had to cover ourselves with aluminum foil.”

Others described horrific violence in their home countries in Central America, and spoke about their journeys to the United States on a dangerous freight train that’s earned the nickname The Beast.

Lawyers and advocates weighed in, too. One speaker read a prepared statement from Dana Leigh Marks, president of the National Association of Immigration Judges, who wrote that due to violence and instability in Central America, “The cases we deal with are often in effect death penalty cases.”

As the Guardian previously reported, the supplemental funding request was proposed by Sup. David Campos, who noted during the hearing that he felt a personal connection with the kids because he himself was once an undocumented youth arriving to the United States from Central America.

Yet when Campos introduced the budget supplemental proposal at last week’s Board of Supervisor’s meeting, Board President David Chiu – Campos’ opponent in the race to represent District 17 in the California Assembly – noted that he had secured funding during the budget process for the expansion of a legal aid program to ensure immigrant youth would have access to pro bono legal counsel.

“Unless we actually fund nonprofits to provide that support, pro bono counsel cannot help in the way that we need them to,” Campos said during the Sept. 10 hearing.

Chiu suggested at last week’s full board meeting that a grant awarded to the Lawyer’s Committee for Civil Rights of the Bay Area, for $100,000, was intended to aid unaccompanied youth and could leverage pro bono legal representation valued at some $8 million. But Oren Sellstrom, legal director at the Lawyer’s Committee, said during the Sept. 10 hearing, “The grant we received is not focused either on unaccompanied youth or on the rocket docket,” referring to expedited immigration court proceedings. Sellstrom said he thought the additional funding proposed by Campos was needed.

In the end, the members of the Budget & Finance Committee – Sups. John Avalos, Eric Mar, and Mark Farrell – voted unanimously to recommend approval of $1.063 million per year for two years, slightly less than the $1.2 million per year Campos had originally sought.

After the hearing, Campos told the Bay Guardian he was “cautiously optimistic” that the full board, which votes on the supplemental on Tue/16, would approve the funding. His office is working with the Mayor’s Office on Housing and Community Development to expedite the process of securing contracts if it wins full approval.

Farrell, the more conservative member of the committee, said he’d had concerns walking into the hearing but was struck by youth’s accounts of their experiences. He said he had previously represented undocumented immigrants as an attorney and was sympathetic to their cases. “I had some concerns about the fact that during our own budget process, every year, we cannot fund enough services,” he told the Bay Guardian.

But at the end of the day, Farrell said, “This is a situation we cannot turn our back on in San Francisco.”

Kids pushed through immigration court at lightning speed while supes debate legal aid funding

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San Francisco’s efforts to provide legal services for unaccompanied youth who crossed the U.S. border from Central America is heating up as a point of contention between Sup. David Campos and Board President David Chiu, opponents in the race for California Assembly District 17.

The issue stems from the rise of the “rocket docket,” a Department of Justice directive for immigration courts to speed up processing for unaccompanied youth apprehended at the U.S. border. Under the expedited system, created in response to an overwhelming number of kids fleeing north to escape violence, courts are cramming through as many as 50 cases daily. 

“This new docket is dramatically accelerating the pace for the cases of newly arrived, traumatized children and families from Central America,” Robin Goldfaden of the Lawyers Committee for Civil Rights Bay Area wrote in an email to the Bay Guardian. “For many, a wrong decision can mean being sent back to unspeakable harm – brutal beatings, rapes, even death. … But nonprofit legal services providers, already stretched beyond capacity, simply do not have the number of attorneys and other staff required to meet the ever-rising level of need.” 

At the Sept. 2 Board of Supervisor’s meeting, Campos proposed a budgetary supplemental to allocate $1.2 million for legal representation for unaccompanied youth being processed in immigration court in the Bay Area.

“Under international law, many of these kids would actually qualify as refugees,” Campos noted when he introduced the proposal. “And many of them have cases that would allow them to be protected by immigration law in the US,” but those protections would only apply if they had lawyers advocating for them.

Yet Chiu responded to Campos’ proposal by touting his own efforts culminating in a $100,000 grant award for a different legal aid program for undocumented immigrants, the Right to Civil Counsel. Under that effort, the San Francisco-based Lawyer’s Committee for Civil Rights was awarded a city grant to fund pro bono legal representation and associated trainings and workshops, which Chiu described as being “particularly for undocumented children from Central America.” 

Speaking at the meeting, Chiu commented that the board should “work together” to help unaccompanied children threatened with deportation, “rather than working on competing efforts,” which sounded like a dig on Campos’ proposal. That seemed to imply that the problem had been addressed, throwing into question whether there would be enough support to pass the supplemental.

Reached by phone, however, Chiu said he was open to discussing additional funding. “We should have a public discussion about it,” he said. “I’m open to it.” He noted that his office had been working on bolstering immigrant access to civil counsel for months, and that the $100,000 in funding provided as part of the budget process could train up to 400 private-sector lawyers to provide pro bono representation for unaccompanied youth. “All of us are committed to adressing the humanitarian crisi in the way that San Francisco knows how,” Chiu said.

But Campos, who initiated partnerships with legal aid nonprofits and various city departments to put a proposal together, said his funding request was based on research conducted by the Budget & Legislative Analyst to determine what was needed to adequately represent the surge of unaccompanied youth in immigration court.

In nine out of 10 cases nationally, according to a Syracuse University study, youth without legal representation wind up deported, while closer to 50 percent who have lawyers are afforded protection under immigration law. In many cases youth qualify to stay under a category known as Special Immigrant Juvenile Status, created to help kids who suffered abuse, neglect, or abandonment.

The Budget & Legislative Analyst projected that 2,130 juveniles a year would lack legal representation in the San Francisco court. In contrast, the $100,000 grant referenced by Chiu, which was awarded last week to the Lawyer’s Committee for Civil Rights, was only intended to provide enough pro bono legal representation to cover 75 individuals, including adults as well as children, according to service providers.

Immigration attorneys interviewed by the Bay Guardian said the grant to Lawyers’ Committee wouldn’t stretch far enough to cover the pressing need.

“I don’t think the $100,000 is going to be enough,” noted Misha Seay, a staff attorney at the Center for Gender & Refugee Studies who was awarded a fellowship to work on juvenile representation in immigration court before the youth immigration crisis started. “I think it’s a positive thing and a great thing, but we’re going to need a lot more.”

Seay said she had been volunteering in the immigration courts regularly and witnessing firsthand how youth were being thrown into a system that they had little ability to navigate. “We see children of all ages,” she said. “The youngest child I met with was a four-year-old, and then all the way up to 17.”

Goldfaden, of the Lawyers’ Committee, noted that there was a need for more nonprofit attorneys devoted the cause, not just pro bono legal representation. “The grant from the city and the commitment of the pro bono bar comes at a crucial time,” she wrote in emailed comments. “But without the budget supplement that has been proposed to increase the capacity of the corps of nonprofit providers on the frontlines of this crisis, lives will be lost.”

Get to work

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EDITORIAL The San Francisco Board of Supervisors returned to work this week after a month-long summer recess. While it may be too much to expect the supervisors to seriously tackle the many pressing issues facing this city during the fall election season, that’s exactly what needs to happen.

The city has been cruising along on auto-pilot, propelled by inertia more than any coherent political leadership, its elected leaders content to throw political platitudes and miniscule policy remedies at huge problems that are fundamentally changing the city.

While the eastside of the city is being rapidly transformed by rampant development, with no real plan for the displacement and gentrification that it’s causing, the westside still has suburban levels of density and no plan for shouldering its share of this city’s growth pressures. It’s good to see Sup. Katy Tang take a small step toward addressing the problem with her recently introduced Sunset District Blueprint, which seeks to build up to 1,000 new homes there over the next 10 years, that conceptual framework will require political will and more concrete goals to become reality.

To serve the density that westside residents are going to have to accept, the city and its Transportation Authority also must fast-track the Geary Bus Rapid Transit program that has languished for far too long. And the city’s “Complete Streets” and “Vision Zero” transportation reforms need to become more than just slogans, instead backed by the funding and commitment they need to become reality.

Similarly, there’s no reason why the Mayor’s Office, Planning Department, and pro-growth supervisors should be waiting for voters to act on Proposition K, the watered-down housing advisory measure, before they create a plan for implementing Mayor Ed Lee’s long-stated goal of building 30,000 new housing units, more than 30 percent of them affordable. That should have already happened before the promise was made.

This week, while the Board of Supervisors was slated to approve master lease agreements with the US Navy to develop Treasure Island, the city still isn’t seriously addressing concerns about radioactive contamination on the island or the project’s half-baked transportation plan.

Another important issue facing this compassionate city is how to provide legal representation for the waves of child refugees from Central America facing deportation in immigrations courts here in San Francisco. Board President David Chiu proposed a $100,000 allocation for such legal representation, which is a joke, and the board should instead approve the something closer to the $1.2 million commitment that Sup. David Campos has proposed.

We could go on and on (for example, when will Airbnb make good on its past-due promise to pay city hotel taxes?), but the point is: Get to work!

 

Tom’s legacy

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steve@sfbg.com

At a moment when San Francisco politics has slid toward the slippery center — when one-time progressives align with business elites, the political rhetoric seems hollow, and the vaunted value of “civility” in City Hall increasingly looks more like a deceptive power grab by the Mayor’s Office — it feels so refreshing to talk with Tom Ammiano.

For one thing, he’s hilarious, always quick with quips that are not only funny, but often funny in insightful ways that distill complex issues down to their essence, delivered with his distinctive nasally honk and lightning timing. Ammiano developed as a stand-up comedian and political leader simultaneously, and the two professional sides feed off each other, alternatively manifesting in disarming mirth or penetrating bite.

But his humor isn’t the main reason why Ammiano — a 72-year-old state legislator, two-time mayoral candidate, and former supervisor and school board member — has become such a beloved figure on the left of state and local politics, or why so many progressives are sad to see him leaving the California Assembly and elected office this year for the first time since 1990.

No, perhaps the biggest reason why public esteem for Ammiano has been strong and rising — particularly among progressives, but also among those of all ideological stripes who decry the closed-door dealmaking that dominates City Hall and the State Capitol these days — is his political integrity and courage. Everyone knows where Tom Ammiano will stand on almost any issue: with the powerless over the powerful.

“Don’t make it about yourself, make it about what you believe in,” Ammiano told us, describing his approach to politics and his advice to up-and-coming politicians.

Ammiano’s positions derive from his progressive political values, which were informed by his working class upbringing, first-hand observations of the limits of American militarism, publicly coming out as a gay teacher at time when that was a risky decision, standing with immigrants and women at important political moments, and steadily enduring well-funded attacks as he created some of San Francisco’s most defining and enduring political reforms, from domestic partner benefits and key political reforms to universal health care.

“He has been able to remain true to his values and principles of the progressive movement while making significant legislative accomplishments happen on a number of fronts,” Sup. David Campos, who replaced Ammiano on the Board of Supervisors and is now his chosen successor in the California Assembly, told the Guardian. “I don’t know that we’ve fully understood the scope of his influence. He has influenced the city more than most San Francisco mayors have.”

So, as we enter the traditional start of fall election season — with its strangely uncontested supervisorial races and only a few significant ballot measures, thanks to insider political manipulations — the Guardian spent some time with Ammiano in San Francisco and in Sacramento, talking about his life and legacy and what can be done to revive the city’s progressive spirit.

 

 

LIFE OF THE CAPITOL

Aug. 20 was a pretty typical day in the State Capitol, perhaps a bit more relaxed than usual given that most of the agenda was concurrence votes by the full Senate and Assembly on bills they had already approved once before being amended by the other house.

Still, lobbyists packed the hall outside the Assembly Chambers, hoping to exert some last minute influence before the legislative session ended (most don’t bother with Ammiano, whose name is on a short list, posted in the hall by the Assembly Sergeant-at-Arms, of legislators who don’t accept business cards from lobbyists).

One of the bills up for approval that day was Ammiano’s Assembly Bill 2344, the Modern Family Act, which in many ways signals how far California has come since the mid-’70s, when Ammiano was an openly gay schoolteacher and progressive political activist working with then-Sup. Harvey Milk to defeat the homophobic Briggs Initiative.

The Modern Family Act updates and clarifies the laws governing same-sex married couples and domestic partners who adopt children or use surrogates, standardizing the rights and responsibilities of all parties involved. “With a few simple changes, we can help families thrive without needless legal battles or expensive court actions,” Ammiano said in a press statement publicizing the bill.

Ammiano arrived in his office around 10am, an hour before the session began, carrying a large plaque commending him for his legislative service, given to outgoing legislators during a breakfast program. “Something else I don’t need,” Ammiano said, setting the plaque down on a table in his wood-paneled office. “I wonder if there’s a black market for this shit.”

Before going over the day’s legislative agenda, Ammiano chatted with his Press Secretary Carlos Alcala about an editorial in that morning’s San Francisco Chronicle, “Abuse of disabled-parking program demands legislators act,” which criticized Ammiano for seeking minor changes in a city plan to start charging for disabled placards before he would sponsor legislation to implement it. The editorial even snidely linked Ammiano to disgraced Sen. Leland Yee, who is suspended and has nothing to do with the issue.

“I’ve had these tussles with the Chronicle from day one. They just want people to be angry with me,” Ammiano told us. “You stand up for anything progressive and they treat you like a piñata.”

He thought the criticism was ridiculous — telling Alcala, “If we do a response letter, using the words puerile and immature would be good” — and that it has as much to do with denigrating Ammiano, and thus Campos and other progressives, as the issue at hand.

“Anything that gets people mad at me hurts him,” Ammiano told us.

But it’s awfully hard to be mad at Tom Ammiano. Even those on the opposite side of the political fence from him and who clash with him on the issues or who have been subjected to his caustic barbs grudgingly admit a respect and admiration for Ammiano, even Lt. Gov. Gavin Newsom, who told the Guardian as much when we ran into him on the streets of Sacramento later that day.

Ammiano says he rarely gets rattled by his critics, or even the handful of death threats that he’s received over the years, including the one that led the San Francisco Police Department to place a protective detail on him during the 1999 mayor’s race.

“You are buoyed by what you do, and that compensates for other feelings you have,” Ammiano said of safety concerns.

Finally ready to prepare for the day’s business, he shouts for his aides in the other room (“the New York intercom,” he quips). The first question is whether he’s going to support a bill sponsored by PG&E’s union to increase incentives for geothermal projects in the state, a jobs bill that most environmental groups opposed.

“That is a terrible bill, it’s total shit, and I’m not going to support it,” Ammiano tells his aide. “It’s a scam.”

As Ammiano continued to prepare for the day’s session, we headed down to the Assembly floor to get ready to cover the action, escorted by Alcala. We asked what he planned to do after Ammiano leaves Sacramento, and Alcala told us that he’ll look at working for another legislator, “but there would probably be a lot more compromises.”

 

 

SPARKING CHANGE

Compromises are part of politics, but Ammiano has shown that the best legislative deals come without compromising one’s political principles. Indeed, some of his most significant accomplishments have involved sticking to his guns and quietly waiting out his critics.

For all the brassy charm of this big personality — who else could publicly confront then-Gov. Arnold Schwarzenegger at a Democratic Party fundraiser in 2009 and tell him to “kiss my gay ass!” — Ammiano has usually done the work in a way that wasn’t showy or self-centered.

By championing the reinstatement of district supervisorial elections and waging an improbable but electrifying write-in campaign for mayor in 1999 (finishing second before losing to incumbent Willie Brown in the runoff election), Ammiano set the stage for progressives to finally win control of the Board of Supervisors in 2000 and keep it for the next eight years, forming an effective counterbalance to Gavin Newsom’s pro-business mayoralty.

“I just did it through intuition,” Ammiano said of his 1999 mayoral run, when he jumped into the race just two weeks before election day. “There was a lot of electricity.”

After he made the runoff, Brown and his allies worked aggressively to keep power, leaning on potential Ammiano supporters, calling on then-President Bill Clinton to campaign for Brown, and even having Jesse Jackson call Ammiano late one night asking him to drop out.

“That’s when we realized Willie really felt threatened by us,” Ammiano said, a fear that was well-founded given that Ammiano’s loss in the runoff election led directly into a slate of progressives elected to the Board of Supervisors the next year. “It was a pyrrhic victory for him because then the board changed.”

But Ammiano didn’t seize the spotlight in those heady years that followed, which often shone on the younger political upstarts in the progressive movement — particularly Chris Daly, Matt Gonzalez, and Aaron Peskin — who were more willing to aggressively wage rhetorical war against Newsom and his downtown constituents.

By the time the 2003 mayor’s race came, Ammiano’s mayoral campaign became eclipsed by Gonzalez jumping into the race at the last minute, a Green Party candidate whose outsider credentials contrasted sharply with Newsom’s insider inevitability, coming within 5 percentage points of winning.

“I just bounced back and we did a lot of good shit after that,” Ammiano said, noting how district elections were conducive to his approach to politics. “It helped the way I wanted to govern, with the focus on the neighborhoods instead of the boys downtown.”

Perhaps Ammiano’s greatest legislative victory as a supervisor was his Health Care Security Ordinance, which required employers in San Francisco to provide health coverage for their employees and created the Healthy San Francisco program to help deliver affordable care to all San Franciscans.

The business community went ballistic when Ammiano proposed the measure in 2006, waging an aggressive lobbying and legal campaign to thwart the ordinance. But Ammiano just quietly took the heat, refused to compromise, and steadily lined up support from labor, public health officials, and other groups that were key to its passage.

“Maybe the early days of being a pinata inured me,” Ammiano said of his ability to withstand the onslaught from the business community for so long, recalling that in his 1999 school board race, “I really became a pinata. I got it in the morning from the Chronicle and in the afternoon from the Examiner.”

Ammiano kept Newsom apprised of his intentions and resolve, resisting entreaties to water down the legislation. “I kept talking to him and I told him I was going to do it,” Ammiano said. “Eventually, we got a 11 to zip vote and Newsom couldn’t do anything about it. That was a great journey.”

In the end, Newsom not only supported the measure, but he tried to claim Ammiano’s victory as his own, citing the vague promise he had made in his 2007 State of the City speech to try to provide universal health care in the city and his willingness to fund the program in his 2007-08 budget.

But Ammiano was happy with the policy victory and didn’t quibble publicly with Newsom about credit. “I picked my battles,” Ammiano said, contrasting his approach to Newsom with that of his more fiery progressive colleagues. “I tried to go after him on policy, not personality.”

Ammiano isn’t happy with the political turn that San Francisco has taken since he headed to Sacramento, with the pro-business, fiscally conservative faction of the city controlling the Mayor’s Office and exerting a big influence on the Board of Supervisors. But San Francisco’s elder statesman takes the long view. “Today, the board has a moderate trajectory that can be annoying, but I think it’s temporary,” Ammiano said. “These things are cyclical.”

He acknowledges that things can seem to a little bleak to progressives right now: “They’re feeling somewhat marginalized, but I don’t think it’s going to stay that way.”

 

FLOOR SHOW

Back on the Assembly floor, Ammiano was working the room, hamming it up with legislative colleagues and being the first of many legislators to rub elbows and get photos taken with visiting celebrities Carl Weathers, Daniel Stern, and Ron Perlman, who were there to support film-credit legislation

“Ron Perlman, wow, Sons of Anarchy,” Ammiano told us afterward, relating his conversation with Perlman. “I said, ‘They killed you, but you live on Netflix.’ I told him I was big fan. Even the progressives come here for the tax breaks.”

When Little Hoover Commission Chair Pedro Nava, who used to represent Santa Barbara in the Assembly, stopped to pose with Ammiano for the Guardian’s photographer, the famously liberal Ammiano quipped, “You’ll get him in trouble in Santa Barbara. Drill, baby, drill!”

Ammiano chairs the Assembly Public Safety Committee, where he has successfully pushed prison reform legislation and helped derail the worst tough-on-crime bills pushed by conservatives. “We have a lot of fun, and we get a chance to talk about all these bills that come before us,” Bob Wieckowski (D-Fremont), who chairs the Judiciary Committee, told the Guardian when asked about Ammiano. “You can see how these bad bills get less bad.”

Ammiano gave a short speech when his Modern Family Act came up for a vote, noting that it “simplifies the law around these procedures,” before the Assembly voted 57-2 to send it to the governor’s desk, where he has until Sept. 30 to act on it. “I think he’ll sign it,” Ammiano told the Guardian, “even though it’s about reproduction and naughty bits.”

“He’s a hoot,” Assemblymember Reggie Jones-Sawyer (D-Los Angeles) said of Ammiano, whose desk is right behind his own. Jones-Sawyer said that he’d love to see Ammiano run for mayor of San Francisco, “but he’s waiting for a groundswell of support. Hopefully the progressives come together.”

Jones-Sawyer said Ammiano plays an important role as the conscience of a Legislature that too often caters to established interests.

“There’s liberal, progressive, socialist, communist, and then there’s Tom,” Jones said. “As far left as you can go, there’s Tom, and that’s what we’re going to miss.”

Yet despite that strong progressive reputation, Ammiano has also been an amazingly effective legislator (something that might surprise those supporting the campaign of David Chiu, which has repeatedly claimed that ideological progressives like Ammiano and Campos can’t “get things done” in Sacramento).

Last year, Ammiano got 13 bills through the Legislature — including three hugely controversial ones: the TRUST Act, which curbs local cooperation with federal immigration holds; the Domestic Workers Bill of Rights; and a bill protecting transgender student rights in schools, which was savaged by conservative religious groups — all of which were signed into law by Gov. Jerry Brown.

“A lot of it is personal relationships, some is timing, and some is just sticking to it,” Ammiano said of effectiveness.

Some of his legislative accomplishments have required multiyear efforts, such as the Domestic Workers Bill of Rights, which was vetoed in 2012 before being signed into law last year with only a few significant changes (see “Do we care?” 3/26/13).

“Tom Ammiano was so incredible to work with,” Katie Joaquin, campaign coordinator for the California Domestic Workers Coalition, for whom the bill had long been a top priority, told the Guardian.

The large grassroots coalition backing the bill insisted on being a part of the decision-making as it evolved, which is not always easy to do in the fast-paced Capitol. But Joaquin said Ammiano’s history of working with grassroots activists made him the perfect fit for the consensus-based coalition.

“That’s difficult to do in the legislative process, and working with Tom and his office made that possible,” Joaquin told us. “He wanted to make sure we had active participation in the field from a variety of people who were affected by this.”

When the bill was vetoed by Gov. Brown, who cited paternalistic concerns that better pay and working conditions could translate into fewer jobs for immigrant women who serve as domestic workers, Joaquin said Ammiano was as disappointed as the activists, but he didn’t give up.

“It was really hard. I genuinely felt Tom’s frustration. He was going through the same emotions we were, and it was great that he wanted to go through that with us again,” Joaquin told us. “Sometimes, your allies can get fatigued with the long struggles, but Tom maintained his resolve and kept us going.”

And after it was over, Ammiano even organized the victory party for the coalition and celebrated the key role that activists and their organizing played in making California only the second state in the nation (after New York) to extend basic wage, hour, and working condition protections to nannies, maids, and other domestic workers excluded under federal law.

“He has a great sense of style,” Joaquin said of Ammiano, “and that emanates in how he carries himself.”

 

 

COMING OUT

Ammiano came to San Francisco in 1964, obtaining a master’s degree in special education from San Francisco State University and then going on to teach at Hawthorne Elementary (now known as Cesar Chavez Elementary). He quickly gained an appreciation for the complex array of issues facing the city, which would inform the evolution of his progressive worldview.

“In teaching itself, there were a lot of social justice issues,” Ammiano said. For example, most native Spanish-speakers at the time were simply dumped into special education classes because there wasn’t yet bilingual education in San Francisco schools. “So I turned to the community for help.”

The relationships that he developed in the immigrant community would later help as he worked on declaring San Francisco a sanctuary city as waves of Central American immigrants fled to California to escape US-sponsored proxy wars.

Growing up a Catholic working class kid in New Jersey, Ammiano was no hippie. But he was struck by the brewing war in Vietnam strongly enough that he volunteered to teach there through a Quaker program, International Volunteer Service, working in Saigon from 1966-68 and coming back with a strong aversion to US militarism.

“I came back from Vietnam a whole new person,” he told us. “I had a lot of political awakenings.”

He then worked with veterans injured during the war and began to gravitate toward leftist political groups in San Francisco, but he found that many still weren’t comfortable with his open homosexuality, an identity that he never sought to cover up or apologize for.

“I knew I was gay in utero,” Ammiano said. “I said you have to be comfortable with me being a gay, and it wasn’t easy for some. The left wasn’t that accepting.”

But that began to change in the early ’70s as labor and progressives started to find common cause with the LGBT community, mostly through organizations such as Bay Area Gay Liberation and the Gay Teachers Coalition, a group that Ammiano formed with Hank Wilson and Ron Lanza after Ammiano publicly came out as a gay teacher in 1975.

“He was the first public school teacher to acknowledge that he was a gay man, which was not as easy as it sounds in those days,” former Mayor Art Agnos told us, crediting Ammiano with helping make support for gay rights the default political position that it became in San Francisco.

San Francisco Unified School District still wasn’t supportive of gay teachers, Ammiano said, “So I ran for school board right after the assassinations [of Mayor George Moscone and Sup. Harvey Milk in 1978] and got my ass kicked.”

Shortly thereafter, Ammiano decided to get into stand-up comedy, encouraged by friends and allies who loved his sense of humor. Meanwhile, Ammiano was pushing for SFUSD to name a school after Milk, as it immediately did for Moscone, a quest that dragged on for seven years and which was a central plank in his unsuccessful 1988 run for the school board.

But Ammiano was developing as a public figure, buoyed by his stand-up performances (which he said Chronicle reporters would sometimes attend to gather off-color quotes to use against him in elections) and increased support from the maturing progressive and queer communities.

So when he ran again for school board in 1990, he finished in first place as part of the so-called “lavender sweep,” with LGBT candidates elected to judgeships and lesbians Carole Migden and Roberta Achtenberg elected to the Board of Supervisors.

On the school board, Ammiano helped bring SFUSD into the modern age, including spearheading programs dealing with AIDS education, support for gay students, distribution of condoms in the schools, and limiting recruiting in schools by the homophobic Boy Scouts of America.

“I found out we were paying them to recruit in the schools, but I can’t recruit?” Ammiano said, referencing the oft-raised concern at the time that gay teachers would recruit impressionable young people into homosexuality.

As his first term on the school board ended, a growing community of supporters urged Ammiano to run for the Board of Supervisors, then still a citywide election, and he was elected despite dealing with a devastating personal loss at the time.

“My partner died five days before the election,” Ammiano said as we talked at the bar in Soluna, tearing up at the memory and raising a toast with his gin-and-tonic to his late partner, Tim Curbo, who succumbed to a long struggle with AIDS.

Ammiano poured himself into his work as a supervisor, allied on the left at various points in the mid-late ’90s with Sups. Sue Bierman, Terrence Hallinan, Leland Yee, Mabel Teng, Angelo Alioto, and Carole Migden against the wily and all-powerful then-Mayor Brown, who Ammiano said “manipulated everything.”

But Ammiano gradually began to chip away at that power, often by turning directly to the people and using ballot measures to accomplish reforms such as laws regulating political consultants and campaign contributions and the reinstatement of district supervisorial elections, which decentralized power in the city.

“People frequently say about politicians, when they want to say something favorable, that they never forgot where they came from,” Agnos told us. “With Tom, he never forgot where he came from, and more importantly, he never forgot who he was…He was an authentic and a proud gay man, as proud as Harvey Milk ever was.”

And from that strong foundation of knowing himself, where he came from, and what he believed, Ammiano maintained the courage to stand on his convictions.

“It’s not just political integrity, it’s a reflection of the man himself,” Agnos said, praising Ammiano’s ability to always remain true to himself and let his politics flow from that. “A lot of politicians don’t have the courage, personal or political, to do that.”

 

 

WHAT’S NEXT

Ammiano’s legacy has been clearly established, even if it’s not always appreciated in a city enamored of the shiny and new, from recent arrivals who seem incurious about the city’s political history to the wave of neoliberal politicians who now hold sway in City Hall.

“Tom has carried on the legacy of Harvey Milk of being the movement progressive standard bearer. He has, more than anyone else, moved forward progressive politics in San Francisco in a way that goes beyond him as an individual,” Campos said, citing the return of district elections and his mentoring of young activists as examples. “He brought a number of people into politics that have been impactful in their own right.”

Campos is one of those individuals, endorsed by Ammiano to fill his District 9 seat on the Board of Supervisors from among a competitive field of established progressive candidates. Ammiano says he made the right choice.

“I have been supportive of him as a legislator and I think he’s doing the right things,” Ammiano said of Campos, adding an appreciation for the facts that he’s gay, an immigrant, and a solid progressive. “He’s a three-fer.”

Ammiano said that Campos has been a standout on the Board of Supervisors in recent years, diligently working to protect workers, tenants, and immigrants with successful efforts to increase tenant relocation fees after an eviction and an attempt to close the loophole that allows restaurants to pocket money they’re required to spend on employee health care, which was sabotaged by Chiu and Mayor Lee.

“I like his work ethic. He comes across as mild-mannered, but he’s a tiger,” Ammiano said of Campos. “If you like me, vote for David.”

But what about Ammiano’s own political future?

Ammiano said he’s been too busy lately to really think about what’s next for him (except romantically: Ammiano recently announced his wedding engagement to Carolis Deal, a longtime friend and lover). Ammiano is talking with universities and speakers bureaus about future gigs and he’s thinking about writing a book or doing a one-man show.

“Once I get that settled, I’ll look at the mayor’s race and [Sen. Mark] Leno’s seat,” Ammiano said, holding out hope that his political career will continue.

Ammiano said the city is desperately in need of some strong political leadership right now, something that he isn’t seeing from Mayor Lee, who has mostly been carrying out the agenda of the business leaders, developers, and power brokers who engineered his mayoral appointment in 2011.

“Basically, he’s an administrator and I don’t think he’ll ever be anything but that,” Ammiano said. “We are so fucking ready for a progressive mayor.”

If Ammiano were to become mayor — which seems like a longshot at this point — he says that he would use that position to decentralize power in San Francisco, letting the people and their representatives on the Board of Supervisors have a greater say in the direction of the city and making governance decisions more transparent.

“I don’t believe in a strong mayor [form of government],” Ammiano said. “If I was mayor, all the commission appointments would be shared.”

But before he would decide to run for mayor, Ammiano says that he would need to see a strong groundswell of public support for the values and ideals that he’s represented over nearly a half-century of public life in San Francisco.

“I don’t want to run to be a challenger,” Ammiano said. “I’d want to run to be mayor.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Did Big Soda swing a key endorsement by a progressive democratic club?

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Did the soda industry buy a prominent progressive political endorsement? Sunday’s San Francisco Chronicle raised the question in a story by Heather Knight, who goes on to air a number of rumors propagated by the soda tax supporters against the Harvey Milk LGBT Democratic Club.

First things first: the sugary beverage tax already has a lot of progressive support. Unions, health groups, and loads of other San Franciscans have backed the two cents per ounce tax on sugary beverages, Proposition E, which is slated to appear on this November’s ballot. The endorsement of “No on E” by the Milk Club is certainly a bit out of left field, and rightfully raised eyebrows in political circles.

That’s the argument Knight uses in her Sunday article, using a few quotes from the soda tax’s paid public relations’ people to take a big swing at Sup. David Campos, alleging this is a big ole scheme he’s orchestrated in order to get Coca Cola’s money to fund the Milk Club’s slate card, which would also feature Campos, giving him a boost in his Assembly race against Sup. David Chiu.

It’s a seemingly convincing scenario, and we’re not soothsayers. Maybe it’s true. But there are a number of reasons to not believe the hype.

First, we at the Guardian heard those same rumors and whispers too, but that wasn’t all we heard. One politico told us the beverage industry might be funding the Milk Club with $300,000 in campaign funds for their November ballot fliers. Our reaction was “um, what?!”

That’s more money than techie-billionaire Ron Conway spent backing Mayor Ed Lee’s major pet projects on the June ballot. Hell, it’s more money than some candidates raise in their entire races. That should’ve been the first red flag for the “soda milking the Milk Club” theory, but it wasn’t the last.

Second, though the club did accept money from the American Beverage Association, it wasn’t anywhere within spitting distance of $300,000. Tom Temprano, co-president of the Milk Club, told us they accepted $5,000 from the beverage industry to put on their annual gala. For context, SEIU Local 1021 donated $4,000 to the dinner. This is all data that would come out publicly in a few months through ethics filings anyhow, but long after the rumor of big beverage industry money would’ve caused its damage.

“All you get for sponsoring our dinner is a mention in the program and a plug on the stage,” Temprano told us. “If the [beverage industry] paid us anywhere near what the rumors are, I would’ve flown out Elton John to serenade [Assemblymember] Tom Ammiano in person.”

Though the $5,000 is not chump change to the Milk Club, its leadership doesn’t make endorsement decisions, which are enacted by a vote of the club’s members. In a heated exchange last week, Milk Club political wonks batted soda tax points back and forth like a beach ball. There was hardly a consensus on the matter.

“They didn’t vote the way I wanted but the process was very democratic,” Sup. Eric Mar told us. Mar was one of the authors of the soda tax, and even he doesn’t believe the Milk Club’s palms were greased by big soda’s big money.

“I feel that there are rumors being spread to undercut the integrity of the Harvey Milk Club, the strongest progressive voice and political leadership in the city right now,” he said. “I stand behind them even though they voted no on [the soda tax].”

Laura Thomas, co-president of the Milk Club, told us she is actually in favor of the soda tax. It’s easy to see why. As Deputy State Director of the Drug Policy Alliance, she has day-to-day experience with public health, and she sees the far reaching affect of soda’s loads of sugar on San Francisco’s kids.

“I do support [the tax], and I’ve spoken passionately for it in our meetings,” Thomas told the Guardian. “I’d say it’s something we’re passionate on all sides about.”

The last stickler in the money-influence theory is a bit trickier. Many we talked to traced some of these rumors back to Chiu’s campaign spokesperson, Nicole Derse. When we spoke to her, she pounced on the subject like a hyena on carrion.

“The Harvey Milk Club has sold out to the soda industry,” she told us. “What would Harvey Milk think of this gross display of hypocrisy? David Campos needs to answer some serious questions on his position on the soda tax and his campaign.”

Notice how she shifted the Milk Club assertion, which we asked her about, straight into a Campos critique. She’s affable, she’s smart, but in that moment, Derse also sounded gleeful.

We then asked Derse if the rumor about the Milk Club and Campos came from her.

“I am not the person that started this rumor. But do you really think it’s a coincidence David Campos is broke and needs a vehicle to fund his campaign? I think it speaks for itself, if it happens,” she said. “If the Milk Club does not take hundreds of thousands of dollars from the American Beverage Association, I will happily be wrong.”

Actually, when it comes to spreading rumors through news outlets, being right or wrong doesn’t really matter. All you need to do is raise the question of impropriety, proof or no. It’s grandma’s classic recipe for a good political smear, as old as the hills, and very, very easy to do.

Update [8/26]: This story stirred up quite a bit of controversy, and folks called, emailed, Facebooked and Tweeted at us with one point: sure the Milk Club didn’t take all that much money from the American Beverage Association for the gala, but what about the future? Would they take a large sum from the ABA? Tom Temprano answered: “I find that completely unlikely. I’m going to say that’s not a situation we’re going to be in. But I haven’t had a conversation with anyone with anybody about money yet. Our entire board and PAC chair make decisions on fundraising.”

So there you are. If a donation in the tens of thousands of dollars should land on the Milk Club’s doorstep, Temprano is now on the record.

Airbnb must work with SF

5

EDITORIAL

Airbnb and other companies that facilitate illegal short-term apartment rentals to tourists visiting San Francisco need to engage in a more honest and direct dialogue with this city’s political leaders and stakeholders, something that became clear during last week’s Planning Commission hearing on legislation that would legalize and regulate short-term sublets.

This is a complicated, vexing issue that defies simple solutions, as Board of Supervisors President David Chiu learned as he and his aides spent more than year developing the legislation. They did a pretty good job at striking a balance between letting people occasionally rent out their homes and preventing Airbnb from being used to remove apartments from the already strained local housing market.

A key provision for striking that balance was to limit rentals to no more than 90 nights per year, but the Planning Commission — dominated by appointees from Mayor Ed Lee, who has long coddled Airbnb’s scofflaw approach to the city (see “Into thin air,” 8/6/13) — removed that provision, which the Board of Supervisors should reinstate.

The commission also seemed to side with landlords who want to prevent their tenants from renting out rooms, calling for landlords to be notified when their tenants seek to become Airbnb hosts, another provision the board should reject. Landlords using Airbnb to get around rent control laws is at least as bad as tenants who violate their leases by subletting rooms, and this legislation shouldn’t favor one group over the other.

If the city decides to end its decades-old ban on short-term apartment rentals, it should have a compelling reason to do so. Maybe we want to allow struggling city residents to make some extra money while they’re out of town, or to have some flexibility in renting out rooms without taking on permanent tenants, which are legitimate if difficult policy questions.

But it seems like much of the discussion is about how to rein in the widespread violation of city housing and tax laws caused by Airbnb, which has refused requests to share more of its occupancy data, dodged its obligation to collect the city’s transient occupancy tax, and failed to even send a high-level representative to last week’s hearing. Yet the legislation would require the company’s cooperation to help enforce the regulations.

If Airbnb and its hosts want the city to legalize lucrative short-term rentals in San Francisco, then the company should be willing to engage in high-level public discussions with city leaders to shape this important legislation, rather than simply whipping its hosts into a libertarian frenzy with deceptive public relations campaigns.

Airbnb CEO Brian Chesky has gotten rich with a business model that is illegal in its home city, so the very least he can do is show up at City Hall next month to make a good faith effort to help solve the divisive problems that his company is creating.

 

Chiu’s proposed Airbnb regulations clear Planning Commission

Board President David Chiu’s proposed legislation regulating short-term rentals facilitated by tech companies Airbnb and VRBO won approval from the San Francisco Planning Commission on Aug. 7.

At the start of a public hearing, Chiu gave an overview, explaining that it would allow permanent residents – defined as San Franciscans dwelling in the city for at least nine months out of the year – to legally post their residences for short-term rent up to 90 days out of the year, legitimizing a practice that is technically prohibited under a city law prohibiting rentals of less than 30 days.

Under the proposed regulations, hosts would be required to register with the city, pay all associated taxes and sign up for liability insurance.

Anyone in violation, for example by posting a unit on Airbnb.com without registering, could be subjected to fines. While Chiu noted that he thought short-term rentals ought to be regulated to limit the threat Airbnb rentals pose to affordable housing in pricey San Francisco, he sought to strike a balance, saying, “Home sharing has allowed struggling residents to live in our expensive city.”

Public comment on the measure lasted for several hours. A host of speakers came out to share stories about how short-term rentals had helped them earn supplementary income and remain in San Francisco (as the Guardian previously reported, Airbnb sought to line up supporters via an online campaign effort called Fair to Share).

Yet opponents of the measure raised concerns that the new rule legitimizing short-term rentals via Airbnb could exacerbate San Francisco’s tremendous affordability crisis, by allowing residential spaces to be further commodified.

“There’s no hope we’re going to be able to control the adverse impacts of this legislation,” said Doug Engmann, a former planning commissioner. “This ill-conceived way of rezoning the city … causes all sorts of problems about how you’re going to be able to regulate this going forward.”

Ian Lewis, of hotel workers’ union Unite Here Local 2, warned of the impact on those employed by the city’s hotel industry.

“This legislation in one fell swoop is a green-light to legalizing short-term rentals,” said Lewis. “No one is more affected by this than hotel workers.”

Land use attorney Sue Hestor warned that Mayor Ed Lee’s proposal to construct 30,000 housing units “will be a farce … without a requirement that they really be rented or occupied as housing,” and suggested prohibiting the new units envisioned under this plan from being listed as short-term rentals on Airbnb.

Others raised concerns about the regulation’s lack of enforceability, and were critical of the provision allowing for 90 days of short-term rentals (many believed it was too permissive, but advocates who came out expressing support for Airbnb said it should be increased to 180 days).

The Board of Supervisors will take up the legislation in September after returning from August recess.

Time for change

10

news@sfbg.com

Christy Price doesn’t want to work forever. At 60, the security guard has worked in formula retail stores for 25 years. She says she has trouble making a living due to cuts in her work schedule, a setback that could prevent her from retiring for the foreseeable future.

Price, who has been with her current company for a decade, works at various retailers her company contracts with. Her shift from full- to part-time work is typical for employees of formula retailers in the city, many of whom are half Price’s age and attempting to support families or make their way through college.

“I’m more or less in the same predicament as [the retail workers], in terms of hours,” Price said. “It’s scary, and it’s awful sad. You’ve got people who want to work and contribute, but they aren’t given the opportunity.”

Sup. Eric Mar’s recently proposed Retail Workers Bill of Rights aims to change that. Unveiled at a July 29 press conference at San Francisco City Hall, the legislation seeks to boost prospects for retail workers “held hostage by on-call scheduling, diminished hours and discriminatory treatment by employers,” according to a statement issued by Mar’s office. There are also plans to expand the legislation to include employees of formula retail contractors, like Price.

“We’re here today because raising the minimum wage isn’t enough,” Jobs with Justice Retail Campaign Organizer Michelle Lim said at the press conference. That same day, the Board of Supervisors voted unanimously to place a measure on the November ballot to raise the San Francisco minimum wage to $15 an hour by 2018.

The current trend is for retail employers to hire part-time workers, spreading the hours thin and requiring employees to be on call for many more hours of work than they actually receive. That creates unpredictable schedules, making it difficult for workers to pay the bills.

Having stable work hours makes it possible for formula retail employees to plan for other parts of their lives, like earning college degrees, spending time with family or working other jobs — which is often a necessity for lower wage workers. Plus, as Price notes, companies with too many part-time employees aren’t getting the most out of their workers.

“If you keep undercutting them and cutting their hours, you’re not going to get the customer service that you’re looking for,” Price said. “You’re going to get what you pay for. You do need that skill; some people can do it, some people can’t.”

At the press conference, Mar was joined by fellow lead sponsor Board President David Chiu and co-sponsor Sup. John Avalos, along with speakers from local labor advocacy groups and a host of current and former formula retail workers.

As Lim explained, the proposed Bill of Rights package has four provisions. The first calls for “promoting full-time work and access to hours.” It would require formula retail employers to offer additional hours of work to current part-time employees, before hiring additional part-timers.

That would help prevent situations like those mentioned by retail employees speaking at the press conference. One Gap employee noted that part-time workers are often expected to commit to up to 30 hours of availability a week, yet would only be offered as little as 10 hours, despite being required to remain on call.

Another formula retail employee, Brian Quick, had a particularly rough experience while working for Old Navy at the clothing retailer’s flagship store. Having worked in retail for four years, he said his schedule for the upcoming week would come out on Thursday night, and the hours constantly fluctuated.

“It’s hard to plan anything such as doctor appointments when you aren’t even sure when you work,” Quick said. “Some weeks I would work 35 hours, and the next I’d get 15 hours. How am I supposed to pay bills?”

Last-minute notices became routine for Quick, who sometimes received calls informing him he didn’t have a shift anymore the night before he was scheduled to work.

“One day I came into work and they cut my hours right then and there,” Quick said. “Seems like everything is based on sales and not the well-being of the people who make the sales happen.”

Quick had other troubling experiences while working for Old Navy, including when he was denied Christmas vacation despite applying for it three months in advance. He eventually got the time off, but only through persistence and “the last-minute intervention of a sympathetic manager.”

“We know that consistent and reliable scheduling is important to our employees,” said Laura Wilkinson, a spokesperson for Gap Inc. “We are exploring ways to increase scheduling stability and flexibility across our fleet of stores. For example, last month we announced a pilot project with Professor Joan Williams of [University of California] Hastings College of Law to examine workplace scheduling and productivity.”

Gap Inc., the corporation that owns Old Navy, could be at the forefront of improving conditions, but the legislation’s supporters aren’t counting on retailers to make the necessary changes.

Instances like Quick’s are common in formula retail all over the country. Many retail employees, including some of Quick’s co-workers, must support families despite the unpredictable hours and low wages.

The second provision of the Retail Workers Bill of Rights attempts to fix that. It calls for “discouraging abusive on call practices” and aims to “encourage fair, predictable schedules.” Specifically, that would entail employers posting core schedules in advance with reasonable notice and providing premium pay “when an employer requires an employee to be ‘on-call’ for a specific shift, or cancels a shift with less than 24 hours notice.”

The third provision looks to improve conditions for part-time workers, calling for “equal treatment.” That means prohibiting employers from discriminating against employees “with respect to their rate of pay,” among other things like promotion opportunities and paid or unpaid time off.

It also addresses a chief concern for many part-time workers: ensuring that employees unable to maintain “open availability,” or being available at any time for a shift, are not denied employment. That’s especially significant for students and parents who have to balance their lives outside the retail industry with its demanding work hours.

“These policies, I feel, will have a huge impact on the lives of tens of thousands of our services workers, many of them low-wage workers who live with uncertainty and fear about their schedules and their other responsibilities in life,” Mar said as he introduced the legislation.

“Many of my family members and close friends are in that category, [along with] single moms, students in college and others that really deserve fair scheduling and a fair chance at economic justice.”

The final provision seeks to protect workers’ job security when their companies are bought or sold, requiring a 90-day trial period for existing employees if a formula retail business is acquired. This is meant to prevent companies from simply forcing out previous employees, allowing the workers a grace period to search for new work.

The legislation would impact an estimated 100,000 workers at approximately 1,250 stores across San Francisco. Those that qualify as formula retail businesses under city law include fast food businesses, restaurants, hotels and banks, and they must meet requirements in Section 703.3 of the San Francisco Planning Code.

In short, the law will apply to businesses considered to be chain stores, such as Target, McDonald’s, Starbucks, Wells Fargo and other major companies doing business throughout the city.

But the Retail Workers Bill of Rights’ supporters believe its impact will be felt beyond San Francisco, citing the city’s history of starting nationwide movements.

“San Francisco has always led the way when it comes to policies that protect working people,” Lim said. “The Retail Workers Bill of Rights is a commonsense proposal to bring stability to some of our city’s most marginalized workers.”

The supervisors sponsoring the ordinance have received plenty of help from Lim and Jobs with Justice San Francisco, a worker’s rights organization that has played an integral role in the city’s fight to improve labor conditions.

In 2013, Jobs with Justice mobilized labor support for the California Domestic Workers Bill of Rights, legislation not unlike Mar’s proposed legislation. In September 2013, Gov. Jerry Brown signed the Domestic Workers Bill into law, making California the nation’s first state to mandate overtime pay for domestic employees, specifically designating time-and-a-half pay for those working more than 45 hours a week or nine hours a day.

Even more support has come from the San Francisco Labor Council, Service Employees International Union Local 87 and Young Workers United, among many others, all of which have endorsed the legislation.

The proposal will come back into play in September, when the board returns from its summer recess. The process will start with public hearings, at which Mar said he looks forward to “really lively public conversation.”

That will give workers like Julissa Hernandez, a Safeway employee for 13 years and a veteran of the retail system, a chance to have their voices heard.

Speaking at the City Hall press conference, Hernandez said, “We should let retail workers know that they are not alone in this fight.”

 

Mayoral meltdown

95

joe@sfbg.com

When he launched an unexpected mayoral bid in 2011, Mayor Ed Lee campaigned on a platform of changing the tone of San Francisco politics. The appointed mustachioed mayor claimed he put the civility back in City Hall, marking a sharp departure from the divisive tone of city politics as progressives battled former Mayor Willie Brown, followed by Mayor Gavin Newsom.

“We’ll continue the high level of civility in the tone we’ve set since January, and solve the problems with civil engagement,” he told Board of Supervisors President David Chiu, then his mayoral opponent, at a 2011 debate.

Yet over the past two weeks, Mayor Lee has started swinging hard against supervisors who have introduced measures that go against his own priorities. So much for civility at City Hall.

 

COMPROMISE EVERYTHING

When asked about the outcome of her newly revised affordable housing measure, Sup. Jane Kim did not sound enthusiastic.

“It was definitely a compromise,” Kim said. But compromise is a word you use when you find a middle ground. By most accounts, Mayor Lee weakened the measure by hammering the right pressure points.

Kim crafted a novel solution to the city’s housing affordability crisis for the November ballot. Her initial Housing Balance Requirement would have established controls on market-rate housing construction, requiring a reevaluation whenever affordable housing production falls below 30 percent of total construction. The goal was to ensure that a certain amount of affordable housing would be built — but it was unpopular with housing developers.

Lee immediately drummed up a ballot measure in opposition to Kim’s, the Build Housing Now Initiative. The nonbinding policy statement asked the city to affirm his previously stated affordable housing goals. So what was the point?

It contained a poison pill which would have killed Kim’s Housing Balance Requirement. If Lee’s measure was approved, Kim’s would fail. The two politicians were in heated negotiations, trying to diffuse this ballot box arms race up to the very moment Kim’s measure went before the Board of Supervisors for approval at its July 29 meeting.

By the end of that process, Kim’s measure had been gutted.

Mirroring the mayor’s Build Housing Now Initiative, the new Housing Balance Requirement is a nonbinding policy statement asking the city to “affirm the City’s commitment” to support the production or rehabilitation of 30,000 housing units by 2020, with at least 33 percent of those permanently affordable to low or moderate income households.

Kim said she’d won funding pledges and promises for a number of affordable housing projects from the mayor. But Lee did not sign any agreement.

Essentially, the revised measure is a promise to promise, a plan to plan. Kim told us flatly, “We didn’t get the accountability we wanted.”

Political insiders told us the Mayor’s Office put pressure on affordable housing developers, who backed the original measure but later asked Kim to revise it to reflect the mayor’s wishes. The Mayor’s Office allegedly threatened to cut their funding next year, or divert projects to other affordable housing organizations.

Everyone acknowledged the mayor was pissed.

Tenants and Owners Development Corporation, an affordable housing developer in SoMa, sat in on the negotiations. The city paid $170,961 in contracts to TODCO last year, according to the City Controller, and over $250,000 the year before. John Elberling, president of TODCO, and Peter Cohen, co-director of the Council of Community Housing Organizations, denied the mayor influenced them to ask Kim to revise her measure.

“I didn’t hear my phone ringing saying we’ll pull funding for affordable housers if you don’t do X, Y and Z,” Cohen told us. Yet he acknowledged the mayor “brought certain leverages to bear” in the closed-door negotiations to “compromise” on Kim’s ballot measure. Then everything changed.

“Yes,” Cohen said, “we then convinced the lead supervisor to change her position.”

Despite being labeled as a “compromise,” many observers read this as a sign that Lee had prevailed. Now the same hammer is coming down on Sup. Scott Wiener.

 

BALLOT BATTLE

“I agree with the mayor on many things,” Wiener told us. But the mayor is targeting Wiener’s new Muni funding ballot measure, hoping to knock it off the ballot.

“It’s not personal,” Wiener said. “It’s a policy disagreement.”

The mayor has a transportation bond on the ballot, asking voters to pony up $500 million to fund Muni. But Lee already blew a $33 million hole into Muni’s proposed budget when he decided to pull a Vehicle License Fee measure off the ballot. When that measure began to poll badly, he got cold feet, and withdrew it.

The San Francisco Municipal Transportation Agency’s budget outlined a doomsday scenario if the funding ballot measures failed to pass. It would be impossible to improve transit travel time, reliability, or to fund pedestrian and bike safety projects, the SFMTA staff noted in recent budget presentations.

Seeing the potential fallout due to the mayor pulling the VLF measure, Wiener placed his own measure on the ballot, tying expansion for Muni funding to the city’s growing population. If passed, Muni could see a $22 million bump just next year.

Openly, the mayor told reporters he would hold the supervisors who supported Wiener’s ballot measure “accountable.” Lee then initiated a conversation about slashing funding to city programs, signaling that supervisors’ favored projects could be jeopardized.

“Last week, the Board of Supervisors sent a measure to the ballot that the budget does not contemplate,” Kate Howard, the mayor’s budget director, wrote in a memo. She directed departments to cut their budgets by 1.5 percent, and asked for “contingency plans” including a “revisit” of hiring plans and scaling back existing programs and services.

Wiener issued a statement describing the move as “an empty scare tactic.”

“For whatever reason,” he wrote, “the Mayor’s Office felt the need to issue these emergency instructions now — a full year before the fiscal year at issue, in the middle of an election campaign, without even knowing whether the measure will pass.”

John Elberling, president of TODCO, recalled when then-Mayor Willie Brown used the same schoolyard-bully tactics to ensure his favored measures passed.

“The punchline is there were competing ballot measures, one from our side and one from Willie’s side,” Elberling told the Guardian. “There was an effort to reach a compromise, but that failed. I was in the meeting where he shot it down.”

“He said ‘I will make the decisions,’ quote unquote. ‘There is no compromise unless I say there’s a compromise.’ That was quite memorable,” Elberling recalled.

When things didn’t go his way, “Willie Brown took a housing project away from us,” Elberling said.

But Mayor Lee’s bluster and anger is new, and Elberling said it should be taken with a grain of salt. “Is it a bluff? That’s always a question. Real retaliation like Willie did, that’s a real thing. But huff and puff, that goes on all the time.”

 

Tenants target Airbnb rentals before hearings on regulatory legislation

56

As the San Francisco Planning Commission prepares for an Aug. 7 hearing on Sup. David Chiu’s widely watched legislation to legalize and regulate short-term apartment rentals through Airbnb and similar companies, the San Francisco Tenants Union tomorrow [Tues/29] launches a “citizen enforcement” campaign against these currently illegal rentals.

Seeking to highlight the fact that “hundreds of tenants have been evicted and thousands of rent-controlled apartments in San Francisco have been illegally converted to hotel rooms in violation of two San Francisco laws,” SFTU announced it will begin posting signs on illegally converted buildings to warn tourists that the rentals are displacing city residents.

The campaign starts tomorrow at noon at 1937 Mason Street, a three-unit building where SFTU says all tenants were evicted under the Ellis Act so the units could be rented out through Airbnb and other online rental services. It’s the latest step in SFTU’s campaign to highlight illegal conversions, filing more than 50 complaints with the city and threatening further legal action. [UPDATE: A senior Airbnb official told the Guardian that no Airbnb hosts have rented out units at this address. Gullicksen said the units were rented out through VRBO.com, an Airbnb competitor].

“San Francisco is facing a severe housing crisis with soaring rents and evictions,” said SFTU Director Ted Gullicksen said in a press release. “It’s intolerable that the City is tolerating thousands of illegal conversions and thus facilitating hundreds of evictions.”

Apartment rentals of less than 30 days have long been illegal under city laws, including Administrative Code 41A, in order to protect the city’s rental stock for permanent residents. SFTU worked with Chiu’s office in crafting legislation that would legalize short-term rentals in residential areas but set a number of conditions, including a requirement for hosts to register with the city and limit rentals to no more than 90 days per year.

Airbnb is headquartered in San Francisco, but it has long defied city law and refused to collect required transient occupancy taxes on its rentals even after the city definitely ruled they were owed. The company pledged to finally start collecting the taxes sometime this summer and it has sought to make over its scofflaw public image with new branding and outreach efforts.

But with the company facing similar criticisms of its business model in New York City, Berlin, and other cities with strong housing demand, San Francisco’s regulatory effort is expected to be a high-stakes and high-profile struggle that will ultimately be decided by the Board of Supervisors, probably sometime this fall.

Meanwhile, some enterprising young disrupters have decided use Airbnb and state laws protecting tenants to start squatting in the properties of some of their hosts, creating big legal headaches for the owners and payoffs for the squatters. And just because we at the Bay Guardian were the first newspaper to suggest this idea, we seek neither blame nor credit. 

SF voters to weigh in on Beach Chalet turf war

80

A city project that would install artificial turf and stadium lighting at the Beach Chalet soccer fields at the west end of Golden Gate Park has survived numerous challenges over the last four years, including appeals to the California Coastal Commision and the courts. But this November, San Francisco voters will have the final say.

A citizens’ initiative that would block the project this week qualified for the ballot after turning in more than 16,000 signatures, collected by the Coalition to Save Golden Gate Park. Yet city officials and supporters of the project — including the City Fields Foundation, which has been installing artificial turf on playing fields around the city in recent years — aren’t taking any chances, creating a rival measure sponsored by six members of the Board of Supervisors.

Not only would the supervisors’ measure invalidate the citizens’ initiative if it gets more votes — it contains a so-called poison pill, an increasingly common electoral tactic — but it would make it more difficult to challenge future trail, playground, and playing field projects that would increase the number of users by 50 percent or more.
“We think it’s a terrible measure that disenfranchises voters all over the city,” Jean Barish, a spokesperson for the Coalition to Protect Golden Gate Park, told the Guardian. “It would give the Recreation and Park Department a lot more authority than they have now.”

Patrick Hannan, a spokesperson for the City Fields Foundation, worked with supervisors on the rival measure and he denies that it would limit citizens’ rights to challenge future projects.

“The legislation in no way curtails any kind of appeals process,” Hannan said. “It says you can’t pass a law to stop projects from going forward after they’ve been approved.”

But Hannan couldn’t cite any examples of approved projects being later stopped by legislation, and the vaguely worded measure doesn’t make clear whether it would preclude citizens from challenging approved projects by initiative or referendum.

Mike Murphy, the official proponent behind the iniative that seeks to stop the Beach Chalet project, said the intent of the supervisors’ measure seems to be to limit the public’s right to challenge artificial turf projects, which the city measure explicitly said city bodies “shall approve” if they increase playing time and have an approved environmental impact report.

He called on the supervisors sponsoring the measure — Sups. David Chiu, Eric Mar, Mark Farrell, Katy Tang, Scott Wiener, and London Breed — to remove their names before next week’s electoral deadline.   

“This is a highly politicized issue and it always has been,” Murphy said. “We need to refocus the debate not on why [the city needs more playing fields] but on what’s being done at this site.”

Opponents of the Beach Chalet project say articificial turf can be toxic and unhealthy and that it shouldn’t replace natural grass. But supporters of this and other artificial turf projects say that they substantially increase the available playing time on fields that are desperately need to keep up with demand, particularly by youth sports.

“Artificial turf is safe and this project is cleared to proceed,” Hannan said. “The question is whether the city wants to give more kids more fields they can use.”

He cited studies showing that because the artificial turf his group has installed on city-owned fields since 2011, available playing time on fields has increased by 30 percent: “That’s a direct result of our project.”

And now, voters will get their chance to weigh in on this ongoing, highly charged turf war