David Chiu

Illegal anti-Campos flyers the subject of an ethics complaint

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

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

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

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

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

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

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

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

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

Kink.com to hold Campos political fundraiser with exotic dancers

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Looks like the heat in the Assembly race is about to turn up a notch, but not in the way you’d expect.

State Assembly candidate and San Francisco Supervisor David Campos’ newest fundraiser will be hosted by the local pornographers, Kink.com, at the infamous Armory Club, the SF Examiner recently reported.

The porn-purveyors known for ball-and-gag videos, submission wrestling and sex robots, is located within the boundaries of Campos’ supervisoral district 9. 

But Kink.com’s reputation for delightful perversion begs a question: Just how kinky will the Kink.com political fundraiser get?

We went straight to CEO Peter Acworth for the answer, and it’s a bit hotter than we expected. An exotic dancer will be gyrating away in the Armory Club’s VIP area, Acworth confirmed for the Guardian. They dancer will be scantily clad, he noted, but won’t be nude. 

The $300 VIP tickets will also grant a “stimulating private tour” of the historic Armory building and cocktails.

Acworth said he’s backing Campos because he’s a politician who “isn’t afraid of a little kink.”

“He is one of the rare politicians who has ever reached out to me,” Acworth said, “and is unafraid of the association.”

And that association could prove beneficial for Kink.com down the road. New proposed legislation could create a state-level condom requirement on porn film sets. As Acworth told us last month, if that legislation passes he’d pack up his porn empire and move to Nevada, as many Los Angeles based porn companies already have before him. Notably, Kink.com was fined by CAL/OSHA for allegedly not using condoms on set.

Having a friend in the Assembly may be one way to put the breaks on the condom requirement legislation. 

“I believe he is more likely to listen and seek to understand our issues,” Acworth said. Beyond condom use though, the CEO said he believed Campos’ would be a staunch advocate for the LGBT community.

We contacted Campos to see if he’d combat the condom ban if elected, but didn’t hear back from him before publishing.

Campos isn’t the only Assembly candidate to have a good time on the campaign trail. To give credit where credit is due, candidate and Board of Supervisors President David Chiu had his own fun fundraiser (and birthday party) recently, hosting a roller disco.

Political power play unseats SF Police Commissioner who fought Secure Communities

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Police Commissioner Angela Chan fought the federal government as they unjustly tried to deport undocumented San Franciscans who were guilty of no crimes, and won.

She fought to arm the SFPD with de-escalation tactics instead of Tasers, and won again. 

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

I can see the writing on the wall and the way the votes are coming down,” Supervisor Eric Mar said to the board just before the vote. “It’s a sad day for the immigrant rights movement when a strong leader cannot be reappointed. Its a a sad day when a woman standing up for immigrant justice is not reappointed.”

The decision came after heated backdoor politicking by Chinatown political leader Rose Pak, insiders told us. Politicians involved would only speak on background, for fear of reprisal from Pak, but openly told the Guardian that Pak felt Chan spent too much time advocating for other communities of color, instead of just focusing on issues affecting Chinatown.

Chan gained national recognition for her work against Secure Communities, or S-Comm, a program that allows U.S. Immigration and Customs Enforcement to hold undocumented persons they’d later like to deport, often indefinitely.

Pak came out swinging against Chan in the wake of those battles, we were told, because they diverted from efforts relating to Chinatown. Public records requests also show that Pak’s allies operated against Chan, demonstrating Pak’s influence.

A series of public records requests from the Guardian confirmed that Malcolm Yeung, a well-known “hatchet man” for Pak, emailed the Board of Supervisors with scores of support letters for Chan’s opponent, Hwang. One of those support letters came from noted Reverend Norman Fong, a powerful voice in the Chinatown community and the executive director of the Chinatown Community Development Center. 

For a full recap of the nasty politics that came out to slam Chan, check out our post from earlier today.

Sup. Katy Tang introduced the motion to strike Chan’s name from the appointment, and replace it with Hwang’s. 

We are lucky when we have such strong candidates,” Tang said. “However it is because of Victor’s sense of criminal justice and civil rights experience that we bring to a full vote to put Victor to the Police Commission.”

But other supervisors noted the obvious elephant in the room — there was not only one vacant seat on the police commission, but two. One appointed by the supervisors, the other appointed by Mayor Ed Lee.

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

[Mayor Ed Lee] could appoint Victor to the committee,” Avalos said to the board. “There’s room for both of them to be on the commission.”

But Board of Supervisors President David Chiu said he asked Mayor Lee that very question, and that he was denied.

“It’s something I asked,” he said. “It is not something that will happen.” He went on to note that both candidates were very well-qualified, but did not explain why he would support one over the other, saying: “It is not the practice of the mayor to solve difficult decisions of the board. It’s up to us.” 

Then Chiu said he would vote for Hwang, a surprising move. Chiu is running for state assembly on the notion that he is the compromise candidate, yet was unable to broker a compromise that was clearly in front of him: there were two vacant police commission seats, and two candidates. 

Chiu’s support for Hwang was especially surprising considering Rose Pak is oft-described as Chiu’s political enemy. One must wonder what political favors he gained for his support of Hwang. 

Kim repeatedly referenced her friendship with Hwang in the discussion leading up to the vote.

In the end, Supervisors Mark Farrell, Scott Wiener, Malia Cohen, London Breed, Jane Kim, Tang and Chiu voted to strike Angela Chan’s name from the appointment, and to vote to appoint Hwang instead.

I had a good four years on the commission,” Chan told the Guardian in a phone interview afterwards. “I was able to accomplish a lot, along with the many people who came out today to support me. People from the mental health, African American, Asian American and Latino communities. Hopefully with this experience they will become more organized and powerful as a community.”

After Victor Hwang’s victory, the Guardian stopped him outside of the board chambers to ask him: If Rose Pak helped you get your seat, are you beholden to Rose Pak?

The simple answer is no,” he told the Guardian. “She’ll have no more sway than anyone else. She’s a leader in the community, and there are many leaders in the community. I’ll make independent decisions for myself.”

His first priorities as a Police Commissioner, he said, would be what he called “the little things” — pedestrian safety by the Broadway tunnel, graffiti enforcement, and making sure calls for matters like break-ins are enforced in a timely manner. 

Hwang doesn’t want to start new projects right away, he said, because there are already big issues with the SFPD on the table. He said the Alejandro Nieto shooting would be a focus moving forward.

In our last story covering the shady politics behind Hwang’s appointment, we likened the political machines supporting him to the Game of Thrones House Lannister (the purported villains of the show). Hwang wanted to set the record straight. 

I think Ivy [his partner and Sup. Kim’s legislative aide] took one of those personality tests for me,” he said, “it came back as Jon Snow.”

Jon Snow is the closest thing Game of Thrones has to a hero.

Image below: A Guardian file photo of Victor Hwang, newly appointed by the Board of Supervisors to the Police Commission.

hwang

Two views of the waterfront

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rebecca@sfbg.com

The Golden State Warriors’ announcement that its planned 18,000-seat basketball arena would be moved off the San Francisco waterfront was fresh in everyone’s mind when former San Francisco Mayor Art Agnos visited the Bay Guardian office on April 23, and he was electrified by the win.

“I resent anyone suggesting that this is not a genuine people-powered victory — again,” Agnos said. “Because that’s what it was, bottom line.”

The former mayor has traveled up and down the city in recent months promoting Proposition B, an initiative on the June 3 ballot that may well have cleared the Warriors Arena from its proposed waterfront perch at Piers 30-32 had the team not announced that it would be taking that step independently.

If it passes, Prop. B will require voter approval for any development project along city-owned waterfront property that exceeds height limits set by the Waterfront Land Use Plan approved in 1997. Such a rule would have squarely targeted the Warriors’ proposal.

The sports arena had been slated for a 13-acre parcel a stone’s throw from the Bay Bridge that is now a parking lot, where it would have hovered above the water like a floating spacecraft. Across the street, at a site known as Seawall Lot 330, the Warriors had proposed installing shops, parking, a condo tower, and a hotel.

Agnos and the backers of Prop. B hadn’t anticipated the Warriors’ announcement that its waterfront venue would be moved to private property, a 12-acre lot in Mission Bay purchased from tech giant Salesforce.com.

“We thought, because people at the top of this city’s government told us so, they would prevail,” Agnos said of Mayor Ed Lee and others championing the waterfront arena. “They didn’t.”

Agnos and his allies say it was the prospect of voters having to sign off on a proposal that was hatched behind closed doors that caused the Warriors to choose a more appropriate location.

“We helped them go to a different place where we now support what they’re doing — because it makes more sense for this city, and for our bay, as well as our waterfront. That’s what the issue is,” Agnos told us. “The spin doctors had their ass handed to ’em … had their ass handed to ’em, by a low-income group of allies, over their $20,000–$30,000, gold-plated contracts per month. And so now, they understand.”

They understand that the waterfront of San Francisco is a battleground and the people are willing to fight to ensure the public interest trumps private profits.

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A rendering of proposed development at Pier 70, envisioning tech offices and housing.

PRECIOUS PARCELS

A historic map hanging in a corridor at the Port of San Francisco building, in a rehabbed terminal at Pier 1 along The Embarcadero, traces the original curve of a coastline that once separated the city from San Francisco Bay.

The existing waterfront juts out considerably from where its natural edge once fell, and today’s urban landscape features a mix of entire neighborhoods, tall buildings, parks, restaurants, merchant corridors, and transport terminals, all perched atop fill covered by layers of concrete.

Its shipping days long gone, much of San Francisco’s human-constructed waterfront now serves as a draw for visitors, the iconic subject of countless tourist photographs. But at other locations along the shoreline, vacant waterfront parcels are hotly contested land-use battlefronts.

“We’re clearly in a period of significant controversy,” the Port’s Special Project Manager Brad Benson told us. The Warriors Arena, Benson said, had been an opportunity for the Port to rehabilitate and generate revenue from Piers 30-32, which originated as two finger piers constructed in 1912, joined by a concrete slab in the 1950s.

Despite being in control of some of the most valuable real estate along the West Coast, the Port of San Francisco remains in a perpetual financial pinch, due to its need to fix up crumbling piers and aging infrastructure. The Port is governed by a Waterfront Land Use Plan, outlining possible uses for each parcel, and it also conducted a survey to identify properties that could be developed to help generate revenue.

“The Port has a big capital need,” Benson said, noting that many of the “piers and buildings were beyond their useful life when they were transferred to the city” from the state in 1968. Facing nearly $2 billion in capital needs, the Port’s modus operandi is to seek out private developers to partner with on development projects for parcels under its ownership, in order to secure funding that would go toward backlogged improvements.

That didn’t happen with the Warriors, however — the sports team approached the city out of the blue, and the project quickly won the fervent backing of Mayor Lee, who has appointment power over the five-member commission that governs the Port. At one point, Lee even claimed that this flashy sports arena would be his “legacy project.”

To longtime grassroots activists who are deeply involved in how land-use decisions are made on valuable waterfront parcels, it looked to be yet another example of what Prop. B supporter Jennifer Clary called “kneejerk development” — out of sync with carefully thought out shoreline planning efforts.

“The Port gets jerked around by every mayor,” said Clary, president of San Francisco Tomorrow, part of the coalition backing Prop. B. “Every mayor comes up with some stupid project.” She ticked off a list of failed waterfront developments (such as Mills Mall, proposed for Piers 27-31; and a 50-story U.S. Steel Building that would have towered over the Ferry Building), only to have them voted down or halted by grassroots neighborhood activists who viewed them as inappropriate designs fueled by greed and greased by political connections.

Behind the objection to Prop. B, Clary added, “is that the mayor will have to think a little more” before backing projects of this nature.

Whether opponents of the Warriors Arena plan looked at it and saw a traffic nightmare, an inappropriate use of public land, or a bad financial deal for a city needing to contend with ever-growing pressures on its critical infrastructure, members of the coalition that’s backing Prop. B feared the public would have little sway when it came to the final decision-making. A bid to restore that balance, by arming voters with veto power under the law, was the impetus behind Prop. B.

City Hall has ignored the will of regular folks who collectively own Port land along the shoreline, said Agnos, campaign consultant Jon Golinger, and Prop. B proponent and Sierra Club volunteer Becky Evans — listening only to the Mayor’s Office and deep-pocketed developers who stand to make millions by building on extremely valuable land that’s held in the public trust under California law.

“The people are putting the developers in touch with the values of this city, and what we want in this city,” Agnos said, thumping his index finger on the table to emphasize the point. “Prop. B puts people in the room who have not been there, and now [developers] have to pay attention.”

The task of developing Piers 30-32 would have required expensive substructure modification, requiring the involvement of bureaucratic agencies such as the US Army Corps of Engineers, the Bay Conservation Development Commission, and the State Lands Commission. The Warriors estimated that it would invest $120 million in improvements such as seismic upgrades and an elevation grade to deal with the looming problem of sea-level rise, but the threat of having to win voter approval represented yet another hoop to jump through. So when a new option opened up offering greater certainty, the Warriors pulled the plug on Piers 30-32.

Even though Lee’s “legacy project,” the main physical target of Prop. B, is no longer a factor in the June election, backers of the initiative say the measure is still important to restore democratic balance in a development process that freezes out ordinary citizens. Opponents, meanwhile, say the initiative threatens to undermine a complex planning process that engages the public and needn’t be tampered with.

 

IN THE PIPELINE

Prop. B would prohibit city officials from approving taller buildings than are currently allowed under zoning for Port-owned waterfront parcels, unless voters give those height increases a green light at the ballot box.

Since many of the properties in question are already built out, or preserved by historic landmark designation, Prop. B would impact only a handful of waterfront lots that remain in play as potential sites for new development. Among them are Piers 30-32 and Seawall Lot 351, the site of the 8 Washington luxury condo tower that the electorate flushed down the tubes in a decisive ballot referendum vote last fall, despite Board of Supervisors’ approval.

The same group that opposed 8 Washington launched Prop. B. Last year’s ballot referendum — also named Prop. B, and buoyed by the campaign slogan No Wall on the Waterfront — asked voters whether they favored increasing building heights above the zoning limit at the waterfront site where the luxury condo project would have gone.

San Francisco voters, in no mood to support a high rise for the superrich at a time when anger over skyrocketing rents was bubbling over and droves of low-income residents were being edged out by eviction, shot it down. Many political observers took the outcome as a signal that City Hall politicians are out of touch with voters.

Simon Snellgrove, the developer of the failed 8 Washington project, is reportedly working on a new building design. But since any new plans for 8 Washington are embryonic at best, and the fate of Piers 30-32 is anyone’s guess, the Prop. B ballot measure has immediate implications for two waterfront developments in particular.

One, on and around Pier 48, is being pushed by the San Francisco Giants. The other lies farther south, at Pier 70, a sprawling strip of waterfront that runs behind Illinois Street, from The Ramp restaurant at Mariposa to the old Potrero Power Plant.

giantsdev

The Giants’ planned development would be a short distance from AT&T Park. 

During World War II, some 18,500 workers built ships at Pier 70 for the war effort, in brick and metal warehouses that still stand vacant and dilapidated. The site also housed a coal-fired power plant that was later converted to natural gas, leaving behind toxic residue that is up to Pacific Gas and Electric Co. to remediate. Farther north along Pier 70, BAE Systems conducts ship repair, a task that has been performed at the site since 1868.

Today, a 28-acre parcel of Pier 70 that is proposed for development by Forest City is home to nothing more than pigeons, feral cats, and the occasional hawk that swoops into a cavernous metal-roofed structure that stands near the waterfront and dates back to 1941, barely visible from the street. Someday in the not-so-distant future, developers imagine it will be populated with tech office workers (Google is used as an example of an anchor tenant in slides presented to the city), makers and small vendors, and thousands of residents who would call the place home.

The site is zoned with a 40-foot height limit, but developers are considering plans with a range of building heights that would be on a similar scale to Mission Bay. Part of the improvements to the property will require raising the elevation grade to deal with sea-level rise. Forest City has planned for a minimum of around 1,000 residential units — the majority market-rate, but with a mix of affordable housing as well.

Representatives from Forest City said that if Prop. B passes, “We’ll be prepared to seek voter approval with a dynamic project guided by … a community-based master plan,” and had not taken an official stance on the ballot measure. If voters were to reject an increase of the 40-foot height limit at the site, which is zoned for heavy industry, the project would no longer be financially feasible.

 

GIANT TOWER SCRUTINIZED

At Seawall Lot 337, a parcel near the Giants’ stadium which is primarily used as a parking lot during baseball games, the team is backing a project that would include 3.5 million square feet of new residential, office, and retail development, possibly including a 380-foot tower. Across the way at Pier 48 would be a new Anchor Steam brewery, and about five acres of open space.

The Giants plan resulted from the Port’s request for potential development partners to submit bids for that property, which went out in 2007.

“They very quietly have been pushing a plan that Prop. B made public,” Golinger said of the Giants’ plans. “They screamed at everyone involved in our coalition during the signature drive to get us to drop it. They funded a lawsuit … to get it kicked off the ballot.”

The Guardian independently confirmed that the team is part of the group that has challenged Prop. B in court. That legal challenge was unsuccessful in getting the initiative struck from the June ballot, but a judge could take up the question again if Prop. B is approved.

The parcel where the Giants have pitched a rental housing, office, and retail complex with a maximum height limit of 380 feet is zoned with a height limit of zero, zoned for open space in city plans. Nevertheless, “The [Port’s request for qualifications] called for developing up to 300 feet,” Benson explained, calling the current zoning “a remnant of the old Mission Bay plan,” which envisioned a park with wetlands and open space. The Port’s request for proposals went out after a subcommittee was formed, and public hearings were held on the design plans.

Asked why the Port would bake such a tall height limit into its RFQ, Benson responded, “There was a desire to avoid replicating the heights at Mission Bay,” the nearby redevelopment area characterized by lower, boxy buildings that seem to be universally regarded as ugly and lacking charm.

Few people are as intimately familiar with Mission Bay as Corinne Woods, whose houseboat is enveloped on either side by the sprawling development. When Woods first claimed a berth at Mission Creek for her floating home in 1985, “it was surrounded by open empty fields, abandoned warehouses, and lots of fennel,” she said. “We had wonderful parties.”

Outside her dock just off Channel Street is a community garden, a strip of green space shaded by willow and eucalyptus trees where night herons take refuge. Just beyond that is the Mission Bay South redevelopment area, a sprawling construction site that’s ushered in building cranes, swirling dust, pile drivers, and more recently, a five-alarm blaze that required the entire Fire Department to extinguish.

The fledgling neighborhood that now occupies the already-built part of Mission Bay might as well have dropped out of the sky, and the building profiles are wide and flat. “I would rather see slim, articulated towers, with more open space,” Woods admitted.

In the years between 1985 and today, Woods has fought the Port on behalf of her live-aboard community to be allowed to remain floating in place, becoming an unlikely expert on the byzantine process of waterfront planning along the way.

As a key member of half-dozen or so community advisory groups formed to weigh in on major waterfront developments, Woods has ardent faith in the civic engagement aspect of the planning process. She fears Prop. B could upset years of careful neighborhood negotiations by limiting the discussion to nothing more than a conversation about height limits.

houseboat

Corinne Woods opposes Prop. B.

Woods is a plaintiff in the lawsuit the Giants are funding to challenge Prop. B, aligned with developer-friendly housing activist Tim Colen and building trades head Michael Theriault on the side that opposes Prop. B. But despite the millions of dollars that are on the line, Woods insists she has no dog in this fight. “I can’t even get free tickets to Giants games,” she said.

She does hope for the five-acre park that the Giants plan would install as part of the Seawall 337 / Pier 48 plan, a short walk from her houseboat. But she says her opposition to Prop. B is rooted in her experience of a traditional planning process that rewards neighbors who have the patience to sit through hours of grueling advisory group meetings with negotiating power vis-à-vis developers. Asked directly what the problem is with letting voters weigh in, Woods responded, “Because they don’t know what the fuck they’re talking about!”

But that leave-it-to-the-experts attitude is just the thing that Prop. B’s backers say is dangerous for waterfront planning, since it places final decision-making in the hands of profit-seeking real estate interests, a public agency in dire need of funding, and a mayor with political ties to developers.

 

THE HOUSING QUESTION

Given that the thrust of Prop. B is to democratize the planning process, few are in a hurry to align themselves with the formal No on B campaign — most of the opposition money seems to have been funneled into the Giants’ lawsuit, even though the Giants have officially taken a neutral stance on Prop. B. However, the message from opponents of Prop. B is that the initiative would kill sorely needed housing.

The Port of San Francisco, which is legally barred from taking a position on the initiative, reported in a February analysis to the Department of Elections that it could have the effect of leaving between 1,990 and 3,690 new housing units “delayed, reduced, or abandoned,” including between 268 and 596 affordable units. Those figures are based on early project proposals brought by the Warriors, the Giants, and Forest City, assuming those planning proposals would be “delayed by a need for a vote, or rejected by the voters” under a Prop. B regime.

A nonbinding Giants term sheet notes that the team would build rental housing, 15-20 percent of those units affordable, while Forest City’s Pier 70 proposal includes 1,000 new housing units with on-site affordable that would exceed the 12 percent required under city law.

Targeting housing “is a scary message,” campaign consultant Golinger said, charging the opposition with preying on voters’ fears to encourage people to vote down a measure that would democratize waterfront planning.

“This myth that we’re trying to stop housing is just that,” Agnos chimed in. “It’s just a political ploy by those who want to build high-end, high-rise, luxury condos — a la 8 Washington, a la Giants — on public property.”

The housing question is key. At a time when so many people are facing eviction or being priced out, the refrain that building more housing is the only solution to relieve pressure is oft-repeated, particularly by developers. However, these projects would introduce far more market-rate units than affordable projects, plopping down well-to-do neighborhoods in spaces that have sat on the margins in recent history, further changing the social character of the city. And proponents of Prop. B question whether the waterfront is really the right place to add new affordable units.

Meanwhile, the affordable housing community seems to be aligned in its support of Prop. B. The San Francisco Tenants Union, the Affordable Housing Alliance, the AIDS Housing Alliance of San Francisco, and other organizations that have aligned to push for stronger tenants’ rights and promote affordable housing have all endorsed the measure.

WHO DECIDES?

Given the popularity of a measure that fundamentally seeks to democratize the planning process, all development teams with skin in the game have declined to take a position on the measure. So have Mayor Lee and Board of Supervisors President David Chiu, who each played significant roles in recent waterfront battles, with Lee championing the Warriors Arena and Chiu opposing 8 Washington and assisting with the signature-gathering effort to stop it.

Sup. David Campos, in contrast with Chiu and Lee, has taken a stance on Prop. B. In a recent interview, he outlined his reasons for supporting it.

“I think that something has happened in City Hall, where I think the approval process is such that it has led to certain projects being approved that don’t really reflect the reality of what this city needs, and that have truly left the public out of the process in a meaningful way,” Campos told us. “And 8 Washington passed 8-3 at the Board of Supervisors, with a supermajority. The fact that the voters overwhelmingly rejected that project tells you that there has been a disconnect between what the board and folks in City Hall are doing, and where the public actually is.” To correct that imbalance and allow more San Franciscans to shape the city’s waterfront, Campos said, “I think it’s appropriate for us to go to the ballot and let the voters decide.”

Guardian Intelligence: April 30 – May 6, 2014

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ONE FOR THE BOOKS

Polish your reading glasses: Sat/3 marks this first ever California Bookstore Day, a party featuring readings, author and artist appearances, and one-day-only, limited-edition book releases, taking place simultaneously at some 90 bookstores up and down the state. It’s modeled on the mega-successful Record Store Day, natch. A dozen bookstores in San Francisco have signed on, including Green Apple, City Lights, Booksmith, Books Inc., and Borderlands. Check www.cabookstoreday.com to find the celebration closest to you. Because hey, what kind of party has Amazon thrown for you lately?

ANOTHER ONE BITES THE DUST

The Attic, the dank 24th Street dive bar known for its decrepit vinyl booths, a pervasive questionable smell, and, somehow, boatloads of charm, closed its doors for good last week. Those in the know say owner Roger Howell (a former owner of Mad Dog in the Fog) will be using his liquor license at the schmancy new Gashead Tavern on Mission. No word yet on whether there will be DJs at that establishment who play nothing but the Clash if you ask them, or bartenders who give you endless bowls of Goldfish crackers, or a welcoming gang of hard-drinking regulars who cheer when you find your phone still at the bar after leaving it there the night before. RIP.

AIRBNB REG SHIT SHOW

Last year, when we at the Guardian were the only ones shouting about Airbnb‘s tax evasion and illegal short-term rentals, is was a lonely struggle. Then other journalists caught onto the story, Sup. David Chiu introduced his regulatory legislation a couple weeks ago, and the issue began to heat up. This week it all became a full-blown shit show, with rival rallies at City Hall on April 29. Opponents of the legislation are threatening a fall ballot measure that would reinforce the short-term rental ban in residential areas and give rewards to people who rat out their Airbnb-using neighbors. Perhaps we should be careful what we wish for.

MANY HAPPY RETURNS

It’s alive! The UC Theatre — the 1,460-seat Berkeley landmark, once beloved for its killer repertory film programming, but closed since 2001 — will undergo an eight-month renovation starting this summer and re-open as a nonprofit live music venue in 2015. According to a press release sent out by its new directors, Berkeley Music Group, the venue will present “approximately 75 to 100 shows a year, featuring a culturally diverse range of local, national, and international artists performing music genres ranging from Americana to zydeco and everything in between.” Located just two blocks from the Downtown Berkeley BART station, it will feature both touring and local bands and musicians, as well as comedy shows, a speaker series, and (yesss!) film screenings. Bonus: a full-service restaurant and bar, too. Bookmark www.theuctheatre.org to stay posted on the latest.

GLOBAL ECO-ACTIVISTS HONORED

Six winners of the Goldman Environmental Prize were awarded this week in San Francisco. The prestigious awards were given to Desmond D’Sa of South Africa, who organized a campaign to shut down a toxic waste dump; Ramesh Agrawal of India, who led disenfranchised communities in a successful effort to seek information on industrial activities and shut down a proposed coal mine; Suren Gazaryan of Russia, who helped expose the illegal use of federally protected forestland; Rudi Putra of Indonesia, who is targeting palm oil plantations that have triggered massive deforestation; Helen Slottje of New York, who provided pro-bono legal assistance to help pass bans on fracking; and Ruth Buendía Mestoquiari who led indigenous people of Peru in a fight against large-scale dams that would have displaced them.

WESTERN HIPNESS

Missionites and other east-side San Franciscans are always bashing the Outer Richmond and the Outer Sunset. Dubbed the Outerlands, its too foggy, too far, too quiet, or too-blah to make the visit worthwhile. You know what? The Outerlands doesn’t need you anymore, Mission! They’ve got a brand new parklet at Simple Pleasures Cafe on 35th avenue. Soon they’ll have overpriced coffee, Google buses, and white-washed ethnic food too! Avenues, represent.

TECH HEAD GOES FREE

San Francisco-based RaidumOne CEO Gurbaksh Chalal allegedly beat his girlfriend 117 times, but the man will not go to jail. A jury found Chalal guilty of misdemeanor violence and battery charges, and will serve three years probation, spend 52 weeks in a domestic violence program and perform 25 hours of community service. The court through out video evidence of the incident that police had seized from Chalal’s home as inadmissible. Chalal wrote on his blog, “This was all overblown drama because it generates huge volumes of page views for the media given what I have accomplished in the valley.” He then invoked the “American Dream” and lamented the cost to his soon-to-go-public company. Silicon Valley doesn’t have an entitlement problem. Nope.

FLAPPING FANCY

The Guardian’s Roaring ’20s-themed “Feathers and Fedoras” party last Friday at the de Young Museum drew a huge crowd of vintage-lovers. Zincalo Trio performed old-time favorites and gypsy jazz, the flapper-attired Decobelles dance troupe did a mean Charleston, and the de Young’s dazzling “Georgia O’Keefe and Lake George” exhibit provided a perfect artistic backdrop.

NOW READ THESE

The 2014 Northern California Independent Book Awards were announced last week, and must-read winners include Anthony Marra’s A Constellation of Vital Phenomena (fiction), George Albon’s Fire Break (poetry), Mary Roach’s Gulp: Adventures on the Alimentary Canal (nonfiction), Amy Stewart’s The Drunken Botanist (food writing) and Al Capone Does My Homework by Gennifer Choldenko (middle-grade readers). The NCIBA winners were determined by a coalition of independent bookstores, see more at www.nciba.com

CLIPPERS OWNER RACISM

How did people react to the racist comments allegedly made by Los Angeles Clippers owner Don Sterling? Clippers players: Removed their warmup shirts in a silent protest so that Clippers team logos would not be displayed. Magic Johnson: “He shouldn’t own a team any more. And he should stand up and say, ‘I don’t want to own a team any more.'”

President Barack Obama: “When ignorant folks want to advertise their ignorance, you don’t really have to do anything, you just let ’em talk.”

Snoop Dogg (in an online video addressing Sterling directly): “Fuck you, your mama, and everything connected to you, you racist piece of shit.”

 

Guardian endorsements

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OUR CLEAN SLATE VOTERS GUIDE TO TAKE TO THE POLLS IS HERE.

 

Editor’s Note: Election endorsements have been a long and proud part of the Guardian’s 48-year history of covering politics in San Francisco, the greater Bay Area, and at the state level. In low-turnout elections like the one we’re expecting in June, your vote counts more than usual, and we hope our endorsements and explanations help you make the best decisions.

 

GOVERNOR: JERRY BROWN

There is much for progressives to criticize in Jerry Brown’s latest stint as governor of California. He has stubbornly resisted complying with federal court orders to substantially reduce the state’s prison population, as well as shielding the system from needed journalistic scrutiny and reforms of solitary confinement policies that amount to torture. Brown has also refused to ban or limit fracking in California, despite the danger it poses to groundwater and climate change, irritating environmentalists and fellow Democrats. Even Brown’s great accomplishment of winning passage for the Prop. 30 tax package, which eased the state back from financial collapse, sunsets too early and shouldn’t have included a regressive sales tax increase. Much more needs to be done to address growing wealth disparities and restore economic and educational opportunity for all Californians.

For these reasons and others, it’s tempting to endorse one of Brown’s progressive challenges: Green Party candidate Luis Rodriguez or Peace and Freedom Party candidate Cindy Sheehan (see “Left out,” April 23). We were particularly impressed by Rodriguez, an inspiring leader who is seeking to bring more Latinos and other marginalized constituencies into the progressive fold, a goal we share and want to support however we can.

But on balance, we decided to give Brown our endorsement in recognition of his role in quickly turning around this troubled state after the disastrous administration of Arnold Schwarzenegger — and in the hope that his strong leadership will lead to even greater improvement over his next term. While we don’t agree with all of his stands, we admire the courage, independence, and vision that Brown brings to this important office. Whether he is supporting the California High-Speed Rail Project against various attacks, calling for state residents to live in greater harmony with the natural world during the current drought, or refusing to shrink from the challenges posed by global warming, Jerry Brown is the leader that California needs at this critical time.

 

LIEUTENANT GOVERNOR: GAVIN NEWSOM

Gavin Newsom was mayor of San Francisco before he ascended to the position of Lieutenant Governor, and we at the Bay Guardian had a strained relationship with his administration, to put it mildly. We disagreed with his fiscally conservative policies and tendency to align himself with corporate power brokers over neighborhood coalitions. As lieutenant governor, Newsom is tasked with little — besides stepping into the role of governor, should he be called upon to do so — but has nevertheless made some worthwhile contributions.

Consider his stance on drug policy reform: “Once and for all, it’s time we realize that the war on drugs is nothing more than a war on communities of color and on the poor,” he recently told a crowd at the Democratic Party convention in Los Angeles. “It is fundamentally time for drug policies that recognize and respect the full dignity of human beings. We can’t wait.” In his capacity as a member of the UC Board of Regents, Newsom recently voted against a higher executive compensation package for a top-level administrator, breaking from the pack to align with financially pinched university students. In Sacramento, Newsom seems to come off as more “San Francisco” than in his mayoral days, and we’re endorsing him against a weak field of challengers.

 

SECRETARY OF STATE: DEREK CRESSMAN

Although the latest Field Poll shows that he has only single-digit support and is unlikely to make the November runoff, we’re endorsing Derek Cressman for Secretary of State. As a longtime advocate for removing the corrupting influence of money from politics through his work with Common Cause, Cressman has identified campaign finance reform as the important first step toward making the political system more responsive to people’s needs. As Secretary of State, Cressman would be in a position to ensure greater transparency in our political system.

We also like Alex Padilla, a liberal Democrat who has been an effective member of the California Senate. We’ll be happy to endorse Padilla in November if he ends up in a runoff with Republican Pete Peterson, as the current polling seems to indicate is likely. But for now, we’re endorsing Cressman — and the idea that campaign finance reform needs to be a top issue in a state and country that are letting wealthy individuals and corporations have disproportionate influence over what is supposed to be a democracy.

 

CONTROLLER: BETTY YEE

The pay-to-play politics of Leland Yee and two other California Democrats has smeared the Assembly. Amid the growls of impropriety, a report by the Center for Investigative Reporting has painted Speaker of the Assembly John Perez, a leading candidate for Controller, with a similar brush. CIR revealed Perez raised money from special interest groups to charities his lover favored, a lover later sued for racketeering and fraud.

Betty Yee represents an opportunity for a fresh start. On the state’s Board of Equalization she turned down campaign donations from tobacco interests, a possible conflict of interest. She also fought for tax equity between same-sex couples. The Controller is tasked with keeping watch on and disbursing state funds, a position we trust much more to Yee’s careful approach than Perez’s questionable history. Vote for Yee.

 

TREASURER: JOHN CHIANG

While serving as California’s elected Controller, John Chiang displayed his courage and independence by refusing to sign off on budgetary tricks used by then-Gov. Arnold Schwarzenegger and some legislative leaders, insisting on a level of honesty that protected current and future Californians. During those difficult years — as California teetered on the brink of bankruptcy, paralyzed by partisan brinksmanship each budget season, written off as a failed state by the national media — Chiang and retiring Treasurer Bill Lockyer were somehow able to keep the state functioning and paying its bills.

While many politicians claim they’ll help balance the budget by identifying waste and corruption, Chiang actually did so, identifying $6 billion by his estimate that was made available for more productive purposes. Now, Chiang wants to continue bringing fiscal stability to this volatile state and he has our support.

 

ATTORNEY GENERAL: KAMALA HARRIS

Kamala Harris has kept the promise she made four years ago to bring San Francisco values into the Attorney General’s Office, focusing on the interests of everyday Californians over powerful vested interests. That includes strengthening consumer and privacy protections, pushing social programs to reduce criminal recidivism rather than the tough-on-crime approach that has ballooned our prison population, reaching an $18 billion settlement with the big banks and mortgage lenders to help keep people in their homes, and helping to implement the Affordable Care Act and the legalization of same-sex marriage in the state.

Harris has maintained her opposition to the death penalty even though that has hurt her in the statewide race, and she brings to the office an important perspective as the first woman and first African American ever to serve as the state’s top law enforcement officer. While there is much more work to be done in countering the power of wealthy individuals and corporations and giving the average Californian a stronger voice in our legal system, Harris has our support.

 

INSURANCE COMMISSIONER: DAVE JONES

We’ve been following Dave Jones’s legislative career since his days on the Sacramento City Council and through his terms in the California Legislature, and we’ve always appreciated his autonomy and progressive values. He launched into his role as Insurance Commissioner four years ago with an emergency regulation requiring health insurance companies to use no more than 20 percent of premiums on profits and administrative costs, and he has continued to do what he can to hold down health insurance rates, including implementing the various components of the Affordable Care Act.

More recently, Jones held hearings looking at whether Uber, Lyft, and other transportation network companies are adequately insured to protect both their drivers and the general public, concluding that these companies need to self-insure or otherwise expand the coverage over their business. It was a bold and important move to regulate a wealthy and prosperous new industry. Jones deserves credit for taking on the issue and he has earned our endorsement.

 

SUPERINTENDENT OF SCHOOLS: TOM TORLAKSON

This race is a critical one, as incumbent Tom Torlakson faces a strong challenge from the charter school cheerleader Marshall Tuck. An investment banker and Harvard alum, Tuck is backed by well-heeled business and technology interests pushing for the privatization of our schools. Tech and entertainment companies are pushing charter schools heavily as they wait in the wings for lucrative education supply contracts, for which charter schools may open the doors. And don’t let Waiting for Superman fool you, charter schools’ successful test score numbers are often achieved by pushing out underperforming special needs and economically disadvantaged students.

As national education advocate Diane Ravitch wrote in her blog, “If Tuck wins, the privatization movement will gain a major stronghold.” California ranks 48th in the nation in education spending, a situation we can thank Prop. 13 for. We’d like to see Torlakson advocate for more K-12 school dollars, but for now, he’s the best choice.

 

BOARD OF EQUALIZATION: FIONA MA

Fiona Ma was never our favorite member of the San Francisco Board of Supervisors, and in the California Legislature, she has seemed more interested in party politics and leadership than moving legislation that is important to San Francisco. There are a few exceptions, such as her attempts last year to require more employers to offer paid sick days and to limit prescription drug co-payments. But she also notoriously tried to ban raves at public venues in 2010, a reactionary bill that was rejected as overly broad.

But the California Board of Equalization might just be a better fit for Ma than the Legislature. She’s a certified public accountant and would bring that financial expertise to the state’s main taxing body, and we hope she continues in the tradition of her BOE predecessor Betty Yee in ensuring the state remains fair but tough in how it collects taxes.

 

ASSEMBLY, DISTRICT 17: DAVID CAMPOS

The race to replace progressive hero Tom Ammiano in the California Assembly is helping to define this important political moment in San Francisco. It’s a contest between the pragmatic neoliberal politics of Board of Supervisors President David Chiu and the populist progressive politics of Sup. David Campos, whom Ammiano endorsed to succeed him.

It’s a fight for the soul of San Francisco, a struggle to define the values we want to project into the world, and, for us at the Bay Guardian, the choice is clear. David Campos is the candidate that we trust to uphold San Francisco’s progressive values in a state that desperately needs that principled influence.

Chiu emphasizes how the two candidates have agreed on about 98 percent of their votes, and he argues that his effectiveness at moving big legislation and forging compromises makes him the most qualified to represent us in Sacramento. Indeed, Chiu is a skilled legislator with a sharp mind, and if “getting things done” — the prime directive espoused by both Chiu and Mayor Ed Lee — was our main criterion, he would probably get our endorsement.

But when you look at the agenda that Chiu and his allies at City Hall have pursued since he came to power — elected as a progressive before pivoting to become a pro-business moderate — we wish that he had been a little less effective. The landlords, tech titans, Realtors, and Chamber of Commerce have been calling the shots in this city, overheating the local economy in a way that has caused rapid displacement and gentrification.

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

Campos has been a clear and consistent supporter of tenants, workers, immigrants, small businesses, environmentalists — the vast majority of San Franciscans, despite their lack of power in City Hall. Chiu will sometimes do right by these groups, but usually only after being pushed to do so by grassroots organizing and lobbying efforts.

Campos correctly points out that such lobbying is more difficult in Sacramento, with its higher stakes and wider range of competing interests, than it is on the local level. Chiu’s focus on always trying to find a compromise often plays into the hands of wealthy interests, who sometimes just need to be fought and stopped.

We have faith in Campos and his progressive values, and we believe he will skillfully carry on the work of Ammiano — who is both an uncompromising progressive and an effective legislator — in representing San Francisco’s values in Sacramento.

 

ASSEMBLY, DISTRICT 19: PHIL TING

Incumbent Phil Ting doesn’t have any challengers in this election, but he probably would have won our support anyway. After proving himself as San Francisco’s Assessor, taking a strong stance against corporate landowners and even the Catholic Church on property assessments, Ting won a tough race against conservative businessman Michael Breyer to win his Assembly seat.

Since then, he’s been a reliable vote for legislation supported by most San Franciscans, and he’s sponsoring some good bills that break new ground, including his current AB 1193, which would make it easier to build cycletracks, or bike lanes physically separated from cars, all over the state. He also called a much-needed Assembly committee hearing in November calling out BART for its lax safety culture, and we hope he continues to push for reforms at that agency.

 

PROPOSITION 41: YES

Over a decade ago, Californians voted to use hundreds of millions of our dollars to create the CalVet Home and Farm Loan Program to help veterans purchase housing. But a reduction in federal home loan dollars, the housing crisis, and a plummeting economy hurt the program.

Prop. 41 would repurpose $600 million of those bond funds and raise new money to create affordable housing rental units for some of California’s 15,000 homeless veterans. This would cost Californians $50 million a year, which, as proponents remind us, is one-tenth of 1 percent of the state budget. Why let hundreds of millions of dollars languish unused? We need to reprioritize this money to make good on our unfulfilled promises to homeless veterans.

 

PROPOSITION 42: YES

This one’s important. Last year, Gov. Jerry Brown sought to gut the California Public Records Act by making it optional for government agencies to comply with many of the requirements built into this important transparency law. The CPRA and the Ralph M. Brown Act require government agencies to make records of their activities available for public scrutiny, and to provide for adequate notice of public meetings. Had the bill weakening these laws not been defeated, it would have removed an important defense against shadowy government dealings, leaving ordinary citizens and journalists in the dark.

Prop. 42 is a bid to eliminate any future threats against California’s important government transparency laws, by expressly requiring local government agencies — including cities, counties, and school districts — to comply with all aspects of the CPRA and the Brown Act. It also seeks to prevent local agencies from denying public records requests based on cost, by eliminating the state’s responsibility to reimburse local agencies for cost compliance (the state has repeatedly failed to do so, and local bureaucracies have used this as an excuse not to comply).

 

SF’S PROPOSITION A: YES

Prop. A is a $400 million general obligation bond measure that would cover seismic retrofits and improvements to the city’s emergency infrastructure, including upgrades to the city’s Emergency Firefighting Water System, neighborhood police and fire stations, a new facility for the Medical Examiner, and seismically secure new structures to house the police crime lab and motorcycle unit.

The Board of Supervisors voted unanimously to place Prop. A on the ballot, and a two-thirds majority vote is needed for it to pass. Given that San Franciscans can expect to be hit by a major earthquake in the years to come, upgrading emergency infrastructure, especially the high-pressure water system that will aid the Fire Department in the event of a major blaze, is a high priority.

 

SF’S PROPOSITION B: YES

As we report in this issue (see “Two views of the waterfront”), San Francisco’s waterfront is a valuable place targeted by some ambitious development schemes. That’s a good thing, particularly given the need that the Port of San Francisco has for money to renovate or remove crumbling piers, but it needs to be carefully regulated to maximize public benefits and minimize private profit-taking.

Unfortunately, the Mayor’s Office and its appointees at the Port of San Francisco have proven themselves unwilling to be tough negotiators on behalf of the people. That has caused deep-pocketed, politically connected developers to ignore the Waterfront Land Use Plan and propose projects that are out-of-scale for the waterfront, property that San Francisco is entrusted to manage for the benefit of all Californians.

All Prop. B does is require voter approval when projects exceed existing height limits. It doesn’t kill those projects, it just forces developers to justify new towers on the waterfront by providing ample public benefits, restoring a balance that has been lost. San Francisco’s waterfront is prime real estate, and there are only a few big parcels left that can be leveraged to meet the needs of the Port and the city. Requiring the biggest ones to be approved by voters is the best way to ensure the city — all its residents, not just the politicians and power brokers — is getting the best deals possible.

 

SF SUPERIOR COURT JUDGE: DANIEL FLORES

Daniel Flores has an impressive list of endorsers, including the Democratic, Republican, and Green parties of San Francisco — a rare trifecta of political party support. But don’t hold the GOP nod against Flores, who was raised in the Excelsior by parents who immigrated from El Salvador and who interned with La Raza Centro Legal while going to McGeorge School of Law. And he did serve in the Marines for six years, which could explain the broad range of support for him.

Flores is a courtroom litigator with experience in big firms and his own practice, representing clients ranging from business people to tenants fighting against their landlords. Flores told us that he wants to ensure those without much money are treated fairly in court, an important goal we support. We also liked Kimberly Williams and hope she ends up on the bench someday, but in this race, Flores is the clear choice.

 

CONGRESS, DISTRICT 12: NANCY PELOSI

This was a hard decision for us this year. Everyone knows that Pelosi will win this race handily, but in past races we’ve endorsed third party challengers or even refused to endorse anyone more often than we’ve given Pelosi our support. While Pelosi gets vilified by conservatives as the quintessential San Francisco liberal, she’s actually way too moderate for our tastes.

Over her 21 years in Congress, she has presided over economic policies that have consolidated wealth in ever fewer hands and dismantled the social safety net, environmental policies that have ignored global warming and fed our over-reliance on the private automobile, and military policies that expanded the war machine and overreaching surveillance state, despite her insider’s role on the House Intelligence Committee.

Three of her opponents — Democrat David Peterson, Green Barry Hermanson, and fiery local progressive activist Frank Lara of the Peace and Freedom Party — are all much better on the issues that we care about, and we urge our readers to consider voting for one of them if they just can’t stomach casting a ballot for Pelosi. In particular, Hermanson has raised important criticisms of just how out of whack our federal budget priorities are. We also respect the work Lara has done on antiwar and transit justice issues in San Francisco, and we think he could have a bright political future.

But we’ve decided to endorse Pelosi in this election for one main reason: We want the Democrats to retake the House of Representatives this year and for Pelosi to once again become Speaker of the House. The Republican Party in this country, particularly the Tea Party loyalists in the House, is practicing a dangerous and disgusting brand of political extremism that needs to be stopped and repudiated. They would rather shut the government down or keep it hopelessly hobbled by low tax rates than help it become an effective tool for helping us address the urgent problems that our country faces. Pelosi and the Democrats aren’t perfect, but at least they’re reasonable grown-ups and we’d love to see what they’d do if they were returned to power. So Nancy Pelosi has our support in 2014.

 

CONGRESS, DISTRICT 13: BARBARA LEE

Barbara Lee has been one of our heroes since 2001, when she was the only member of Congress to vote against the Authorization for the Use of Military Force Against Terrorists, braving the flag-waving nationalism that followed the 9/11 attacks on the World Trade Center and Pentagon to warn that such an overly broad declaration of war was dangerous to our national interests. She endured death threats and harsh condemnation for that principled stand, but she was both courageous and correct, with our military overreach still causing problems for this country, both practical and moral.

Lee has been a clear and consistent voice for progressive values in the Congress for 16 years, chairing both the Congressional Black Caucus and Congressional Progressive Caucus, taking stands against capital punishment and the Iraq War, supporting access to abortions and tougher regulation of Wall Street, and generally representing Oakland and the greater Bay Area well in Washington DC. She has our enthusiastic support.

 

CONGRESS, DISTRICT 14: JACKIE SPEIER

Jackie Speier has given her life to public service — almost literally in 1978 when she was an aide to then-Rep. Leo Ryan and survived the airstrip shootings that triggered the massacre at Jonestown — and she has earned our ongoing support. Speier has continued the consumer protection work she started in the California Legislature, sponsoring bills in Congress aimed at protecting online privacy. She has also been a strong advocate for increasing federal funding to public transit in the Bay Area, particularly to Muni and for the electricification of Caltrain, an important prelude to the California High-Speed Rail Project. In the wake of the deadly natural gas explosion in San Bruno, Speier has pushed for tough penalties on Pacific Gas & Electric and expanded pipeline safety programs. She has been a strong advocate of women’s issues, including highlighting the epidemic of sexual assault on college campuses and in the military, seeking greater protections, institutional accountability, and recourse for victims. More recently, Speier has become a key ally in the fight to save City College of San Francisco, taking on the federal accreditation process and seeking reforms. Speier is a courageous public servant who deserves your vote.

Will San Francisco Game of Thrones oust police commissioner?

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Police Commissioner Angela Chan did not pay fealty to the proper lords and houses, sources say, and in a true to life Game of Thrones, she may now lose her office. The throne in question is a seat on the Police Commission, which Chan may be reappointed to by the Board of Supervisors today [Tues/29], but her chances don’t look good. 

In a political tussle reminiscent of House Lannister’s schemes against House Stark, political machines far larger than the idealistic Chan are churning to keep her from regaining her political office. The forces of Chinatown community leader Rose Pak and her fellow power brokers are backing potential replacement police commissioner Victor Hwang, whose sudden candidacy took many off guard. 

As first reported by Tim Redmond of 48hills.org, Pak’s political pushers dialed every supervisor and marshalled their armies, hellbent on unseating Chan. 

They may win, but not because Chan was a bad commissioner. Actually, the problem might be that she was too effective, and now people in power want her out.

Expanding the mayor’s power

In a Rules Committee meeting Apr. 17, backers of both candidates wore their house sigils, green or white buttons meant to support their chosen candidate, both of whom are seemingly very qualified.

On the one side, Hwang is an ex-assistant district attorney, ex-public defender, ex-nonprofit attorney, and advocate with over 20 years of experience holding police to task for their wrongdoing. He’s fought human trafficking and litigated against out-of-control cops. 

But the incumbent, Chan, an attorney with the Asian Law Caucus, has many similar qualifications. She also has a proven track record on the Police Commission: she crafted the Crisis Intervention Team, tasked with de-escalating standoffs with mentally ill offenders; advocated language access in the police force; helped to revise rules protecting children at school facing arrest; and opposed arming police with tasers.

Both candidates have an extensive list of backers. District Attorney staffers, the Anti-Defamation League, advocates from the Chinatown Development Center, and Randy Shaw of the Tenderloin Housing Clinic all wrote to supervisors backing Hwang. The Guardian even named him a “local hero” in our Best of the Bay issue in 2004.

But the Coalition on Homelessness, San Francisco Women’s Political Committee, members of the Central Americans Resource Center, Board of Education President Sandra Fewer, the local NAACP, and even a retired police officer all backed Chan. The Guardian also named her a local hero, in 2010. 

A change.org petition calling for her reappointment to the commission has 255 signatures, as of this writing. 

Chan hasn’t yet given up the ghost.

“I’m hoping the full board will recognize I work extremely hard,” she told the Guardian. “I look after the community, especially those who are most marginalized.”

Though many issues have political bents and political sides, one aspect of this tussle reveals the power play behind the curtain: the two candidates are competing for one empty seat on the commission, when there are actually two seats vacant.

Why fight over just one seat? 

The answer lies in political motivations insiders would only outline for reporters on background. You see, in a city where many commissions (see: SFMTA) are fully appointed by the Mayor’s Office, and therefore beholden to his whims, the Police Commission has a mechanism to dilute that power — a minority of seats are appointed by the Board of Supervisors. The seat Chan and Hwang are fighting for is the supervisor appointed seat, and for now the mayor’s seat sits empty and uncontested.

Hwang was co-chair of Progress for All, which ran the Run, Ed, Run campaign for Lee’s mayoral candidacy. If the question was really just about making Hwang a commissioner, the mayor could appoint him today with a snap of his fingers. But that’s not the point.

Many insiders, including ones that seemingly support Hwang, told the Guardian that Mayor Ed Lee has plenty of reason to usher Chan out and appoint Hwang in her place. The SFPD long pushed for tasers but found a formidable opponent in Chan, and the mayor would benefit from police support next election, they said. Others said her combative style ruffled people’s feathers, a seemingly legitimate complaint until you consider more cooperative boards like the San Francisco Municipal Transportation Agency define “cooperative” by mostly voting in unison and with little discussion, coincidentally also often in agreement with the mayor’s positions.

Angela Chan asks an SFPD station captain if officers use verbal means to de-escalate situations. 

That’s why Chan is dangerous; she’s a freethinker, and a loud one at that. By pushing the supervisors to appoint Hwang, we were told, the mayor would unseat a potential political liability, and net a freebie commission seat appointment in the deal. 

Win-win.

This isn’t to say Hwang is a bad guy. He longs for public service (nicknaming his practice the Ronin Law Firm), and expressed disappointment in political power struggles beyond his control.

“For me it’s not about Angela, it’s about the police commission,” he told the Guardian. “To give Angela credit, I think the work she’s done on Crisis Intervention Team and language access are important issues.”

And for his part, he said that though many political entities aligned with political powerbroker Rose Pak are pushing for his appointment, he wouldn’t be beholden to her, or them.

“Are Chinatown issues important to me? Yes, they’re very important to me,” he said. “Am I going to answer to one or two folks just because of whoever they are? No. That would be putting my own 20 years of work aside to kowtow to one particular person over anyone else.”

Hwang told us Supervisor Eric Mar is asking the mayor to appoint him to the second vacant police commission seat, but if that effort isn’t successful Chan and Hwang will go head to head.

So the supervisors have a tough choice ahead of them, but for some, the decision is tougher than others.

Conflict of interest

Some of the supervisors have votes that are fair to guess at. Long time progressives like Sups. Mar, John Avalos, and David Campos are ideologically aligned with Chan, and have reason to vote in her favor. 

Chan needs six votes to be re-appointed to the commission, and some of those votes are up in the air.

Sups. Norman Yee, and Katy Tang voted to approve Chan in the Rules Committee, the first round before today’s Board of Supervisors vote. But that’s no guarantee they’ll vote for her again. 

Sup. Jane Kim has an odd conflict of interest. Ivy Lee, an attorney and one of Kim’s staffers, is Hwang’s romantic partner. The couple has three children together. He dedicated a brief he wrote for the Asian American Law Journal, “to my incredible partner Ivy Lee, who gave birth to our second son Kaiden, as I was writing the brief at the hospital.”

Is that conflict of interest grounds for Kim to recuse herself from the vote? Is it proper for her to vote to appoint her staffer’s partner to a political position? We reached out to Kim’s office but did not hear back from her before going to press. 

Board of Supervisors President David Chiu’s vote is also an open question. 

Chiu worked with Chan in 2011 to fight against the federal Secure Communities program, which as we then reported, was a database allowing the feds to circumvent local policies protecting local immigrants who have been arrested but not convicted of any crimes and deport them.

They were partners in the struggle for human rights. So will Chiu back his former ally, Chan, in her re-appointment?

We called, texted, and harangued Chiu to call us back, but did not hear from him before press time. To be fair, he’s running for the Assembly and was likely between one of his dozens of necessary appearances. He did have an aide call us back, but he was unable to give us a hint at which direction Chiu may vote in. 

Complicating his choice is a mix of allegiances. With so many former and current allies on both sides, Chiu will make someone angry no matter which potential police commissioner he votes for, insiders told us. 

And Chiu’s vote may be the deciding one. With real reform of the SFPD on the line, the stakes are higher than the fictional Game of Thrones.

Ultimately, Chiu will have to vote his conscience. 

Correction 3:28pm: The article earlier identified Ivy Lee as married to Victor Hwang. In actuality, Hwang and Lee are romantic partners who decided not to marry in direct protest of the LGBT community being denied the right to marry.

Update 6:50pm: The vote was cast, and Victor Hwang was appointed to the Police Commission in place of Angela Chan. Read our full story.

New coalition opposes Chiu’s Airbnb legislation UPDATED

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An unlikely coalition has formed to oppose legislation sponsored by Board of Supervisors President David Chiu that would legalize and regulate short-term apartment rentals facilitated by Airbnb and other online companies, which are now illegal in San Francisco.

[UPDATE: Some of those same opponents are also now threatening to place a rival measure on the fall ballot, the San Francisco Chronicle just reported. It reportedly shares some aspects with the Chiu legislation, such as a registration system, but it limits rentals to only commercial areas and includes rewards for those who turn in violators to the authorities].

The coalition includes landlord and tenant activists, as well as organized labor and neighborhood groups. It will square off against Airbnb and its hosts, which have pledged to lobby against limits created by the Chiu legislation — all of which could elevate this to the biggest fight of the summer at City Hall. Tomorrow [Tues/28], the coalition of opponents will rally outside City Hall at 10am, while Airbnb supporter will hold a “Speak Up for Home Sharing” rally at 12:30pm.

As we’ve been reporting, it took Chiu more than a year of negotiations with Airbnb, the San Francisco Tenants Union, affected city agencies, and other interested parties to arrive at legislation that requires hosts to register with the city, finally pay the city’s transient occupany tax, and limits stays to 90 nights per year.

But after more than two years of Airbnb’s defying city law and refusing to pay its taxes — scofflaw behavior tacitly supported by Mayor Ed Lee, who share a financial benefactor for the company in venture capitalist Ron Conway — several city constituencies pledged to oppose legislation that would now legalize its activities.

In particular, some longtime affordable housing and neighborhood activists say the legislation irresponsibly legalizes the conversion of residential apartments into tourist hotels throughout the city, creating neighborhood safety concerns and overturning decades of work to protect rent-controlled housing.

Meanwhile, Chiu’s opponent in the race for the Assembly District 17, David Campos, has been highlighting lobbying reports showing 61 contacts between representatives of Airbnb — including formers City Hall insiders David Owen and Alex Tourk — and Chiu’s office.

“Do you think tenant and neighborhood groups met with David Chiu 61 times?” Campos said during his endorsement interview with the Guardian last week, accusing Chiu of letting Airbnb write its own regulations without regard to neighborhood concerns.

Chiu didn’t immediately return our phone calls, but we’ll update this post if and when we hear back. [UPDATE: Chiu legislative aide Judson True just called and disputed how the legislation is being characterized by its opponents and rejecting calls to withdraw the legislation: “Everyone is entitled to a position on Sup. Chiu’s legislation, but we would hope they would engage in the legislative process and not just toss hand grenades. This is a serious policy issue that requires thoughtful dialogue and to simply call for the withdrawal of the legislation is irresponsible.”

True also said the legislation only legalized short term rentals “under very narrow circumstance and that legalization allows enforcement against the most egregious actors.” He also noted how Chiu has consistently opposed converting apartments to tourist uses and called for Airbnb to pay its taxes, calling the legislation a difficult balancing act: “We know that Airbnb has issues with the legislation. They didn’t write the legislation, period.”]

In the meantime, here’s the full text of the press release issued today by the new coalition, which will be holding a press conference at 10am tomorrow on the steps of City Hall:    

For Immediate Release: 
Monday, April 28, 2014

NEWS RELEASE

SAN FRANCISCO CITYWIDE COALITION SAYS NO 
TO PROPOSED CHIU LEGISLATION

Board of Supervisors trying to convert residential housing to 
short-term rentals

Press conference Tuesday April 29, 2014 Steps of City Hall at 10:00 am

San Francisco — Organizations representing usually divergent interests ranging from tenants to landlords, and from hotel workers to the hospitality industry have joined forces with neighborhood and homeowner associations to oppose legislation introduced by Supervisor David Chiu to legalize the short term rentals of residential property throughout San Francisco.

“In the face of an unprecedented housing crisis, Supervisor Chiu’s legislation to legalize the short term rentals of residential property will only exacerbate the housing crisis. This practice is detrimental to our rent-controlled housing stock”, said Janan New, Executive Director of the San Francisco Apartment Association.

“Our studies have shown that with over 10,000 units of housing being rented out over Airbnb, HomeAway and other websites this practice is having a negative impact on hotel workers and San Francisco’s hospitality industry”, said Mike Casey, President of UNITE HERE Local 2.

“The proposed legislation would rezone the entire city from residential zoning to commercial zoning in one fell swoop. We hear complaints from almost every neighborhood about the detrimental effects of short term rentals on the quality of life of tenants and residents”, said John Bardis, former President of the Coalition for San Francisco Neighborhoods and former San Francisco Supervisor.

“Supervisors Chiu’s legislation would repeal hard won controls on Single Resident Occupancy housing, threatens current affordable housing provisions for over 30,000 permanently affordable units, would transform newly approved “in-law units” into high priced motel rooms and make “below market rate” units lifetime luxury hotels. It is the single biggest threat to affordable housing ever proposed by a San Francisco Supervisor” stated longtime affordable housing advocate Calvin Welch.

“Airbnb and other hosting platforms owe the City millions of dollars in unpaid hotel taxes. It is high time that the City collect these taxes which pay for the arts and vital city services and programs. The proposed legislation does not clearly hold Airbnb and similar organizations responsible for collecting and remitting the hotel tax”, said former Supervisor Aaron Peskin.

All of these organizations are calling for Supervisor Chiu to withdraw his legislation at a press conference on Tuesday April 29 on the steps of City Hall at 10:00 am.

Lawsuits go after SF landlords doing illegal short-term apartment rentals

20

The San Francisco City Attorney’s Office today filed a pair of lawsuits against local landlords who illegally rent out apartments on a short-term basis, units that had been cleared of tenants using the Ellis Act. Meanwhile, the San Francisco Tenants Unions has hired attorney Joseph Tobener to file more such lawsuits, and he is preparing to file at least seven lawsuits involving 20 units.

The lawsuits are the latest actions in a fast-moving crackdown on Airbnb and other online companies that facilitate short-term apartment rentals that violate city laws against converting apartments into de facto hotel rooms, including VRBO.com and Homeaway.com.

Board of Supervisors President David Chiu recently introduced legalization that would legalize, limit, and regulate such rentals, a measure that will be considered this summer. That legislation comes on the heels of Airbnb’s decision to stop stonewalling the city (and us at the Guardian, which has been raising these issues for the last two years) by agreeing to start paying the transient occupancy taxes it owes to the city for its transactions and creating new terms of service that acknowledge its business model may violate local laws in San Francisco and elsewhere.

As we’ve reported, City Attorney Dennis Herrera has been working with tenant groups and others on a legal action aimed at curtailing the growing practice of landlords using online rental services to skirt rent control laws and othet tenant protection, removing units from the permanent housing market while still renting them out at a profit.   

“In the midst of a housing crisis of historic proportions, illegal short-term rental conversions of our scarce residential housing stock risks becoming a major contributing factor,” Herrera said in a public statement. “The cases I’ve filed today target two egregious offenders. These defendants didn’t just flout state and local law to conduct their illegal businesses, they evicted disabled tenants in order to do so. Today’s cases are the first among several housing-related matters under investigation by my office, and we intend to crack down hard on unlawful conduct that’s exacerbating—and in many cases profiting from—San Francisco’s alarming lack of affordable housing.”

The lawsuits allege violations of the city’s Planning and Administrative codes, as well as the state’s Unfair Competition Law, targetting 3073-3075 Clay Street, owned by defendants Darren and Valerie Lee; and 734 and 790 Bay Street, which is owned or managed by defendants Lev, Tamara and Tatyana Yurovsky (founder of SRT Consultants).

Guardian calls to both parties were not immediately returned, but we’ll update this post if and when we hear back. Tobener tells the Guardian that the San Francisco Tenants Union hired him to discourage local landlords from removing units from the market.

“The San Francisco Tenants Union is just fed up with the loss of affordable housing,” Tobener told us. “It’s not about the money, it’s about getting these units back on the market.”

The San Francisco Apartment Conversion Ordinance prescribes penalties of $1,000 per day for units rented out for less than 30 days. That now applies to buildings with four or more units, although Chiu’s legislation would lower that to buildings with two or more units while legalizing such rentals and requiring host to register with the city and live in the units for at least 275 days per year, meaning rentals would be limited to 90 days per year.

Tobener’s lawsuits list 210 violations in the 20 units it targets, seeking fines totaling $210,000. But he emphasized that money is not the issue: “The San Francisco Tenants Union doesn’t care about the penalties, they just want to put the message out that we’re going after landlords who do this and we want those units returned to the market.”

Will Airbnb pay its accumulated tax debt to SF?

42

So now that Airbnb has agreed to start collecting and paying the transient occupany tax in San Francisco sometime this summer — finally acknowledging that’s the only workable way to meet the tax obligation it shares with its hosts — that leaves open the question of whether this $10 billion corporation intends to pay the tax debt it has accumulated for years while trying to duck its responsibility to the city.

That’s at least several million dollars that the city could really use right now. As we’ve previously reported, Airbnb commissioned and publicized a study in late 2012 claiming its San Francisco hosts collected $12.7 million from Airbnb guest in fiscal year 2011-12, meaning they should have collected and remitted to the city $1.9 million.

In early 2012, the San Francisco Tax Collector’s Office held public hearings to clarify whether the TOT applies to the short-term rentals facilitated by Airbnb and similar companies, ruling in April 2012 that the TOT does apply to those stays and that it is a “joint and several liability” shared by the hosts and Airbnb, which conducts the transaction and takes a cut.

As we also later reported, despite heavily lobbying during the hearing and being acutely aware of the outcome and its resulting tax obligation, Airbnb simply refused to comply and tack the 15 percent surcharge onto its transactions, as similar companies such as Roomorama were doing.

So if Airbnb was really being the good corporate citizen that it’s now claiming to be, it would not only start charging the 15 percent fee and sharing that money with the city, it would also cut San Francisco a check for around $4 million, or whatever the tax would be on what this growing business has collected from its guests since April 2012.

That’s at the very minimum, giving the company the benefit of the doubt that there really might have been an honest difference in opinions on whether the clear language of the tax code really applied to its transactions. But if we really wanted to be sticklers about this, Airbnb would actually owe the city millions of dollars more than that, going all the way back to its founding in 2008.

“The April 2012 regulation did not change the tax.  It provided more information about the definition of room and the merchant of record in a transaction.  We have always expected for operators to collect and remit the applicable transient occupancy tax,” Greg Kato, the policy director for the San Francisco Tax Collector’s Office, tells the Guardian, later adding that short-term stays “have always been taxable,” even in apartments.

Airbnb continues to duck questions from the Guardian, including our latest on whether it intends to pay its back tax obligation, and the Chronicle didn’t raise the issue with Airbnb. But a statement that Airbnb’s David Hantman put out on the company’s website yesterday does offer some clues about its change of heart.

After announcing plans to collect and remit the TOT in Portland last week, Hantman said he held a question-and-answer session with its hosts in San Francisco “and announced that we’ll soon be collecting and remitting taxes on behalf of our hosts in San Francisco as well.”

Note the legalistic language that continues to avoid accepting that the company is also responsible for that tax debt, not just its hosts. But it appears the company finally realized it can’t just pass the buck to its hosts.

“We have repeatedly said that we believe our community in San Francisco should pay its fair share of taxes. We know from countless discussions with our hosts that they want to pay taxes, but some of these rules are arcane and difficult to follow. Some hosts have even tried to pay taxes in San Francisco and been turned away,” he wrote.

But that statement is a deceptive one, avoiding the fact that short-term stays are actually illegal in San Francisco, violating Administrative Code Section 41A, as well as a variety of planning and zone codes that prevent tourist hotels from being located in residential areas.

That’s why Airbnb hosts have had a hard time paying their taxes, as the Guardian has repeatedly reported, not because “these rules are arcane and difficult to follow.” It’s because Airbnb’s business model isn’t legal, something that Board of Supervisors President David Chiu has been trying to create legislation to address, although negotiations have now dragged on for more than a year.

“We want to help solve this problem. We’re still working on some operational details, but our goal is to launch this program for San Francisco hosts this summer,” Hantman wrote, making the company sound helpful and oh-so-public spirited.

Given that any decent coder could probably figure out how to add a 15 percent surcharge onto Airbnb’s San Francisco transactions in less than an hour, I’m a little skeptical about the “operational details” that will drag its tax compliance out for several more months. My guess is it is trying to retain some political leverage in negotiations over the Chiu legislation.   

“We are a growing company in a new economy. We are taking this action—and initiating our entire Shared City program—as we strive to help make cities stronger, safer, more financially stable. And we’re excited to continue this pilot program in San Francisco. This city is our home and we look forward to continuing to work with everyone here to make it an even better place to live, work and visit,” was how Hantman closed his post.

Hopefully that means San Francisco can expect a $4 million check from Airbnb any day now. 

Crime and politics

10

steve@sfbg.com

San Franciscans awoke March 26 to the surprising news that state Sen. Leland Yee (D-SF) had been arrested on federal corruption charges as part of early morning police raids targeting an organized crime syndicate based in Chinatown, along with reputed gangster Raymond “Shrimp Boy” Chow and two dozen others.

Yee had a reputation for sometimes trading votes for campaign contributions, a perception that had only gained strength in recent months as he launched his first statewide campaign, running to lead the Secretary of State’s Office, casting key votes for landlords and big industries that he refused to explain to local activists.

So in a year when two other Democratic Senators have also been stung by federal corruption and bribery probes, the televised image of Yee in handcuffs wasn’t beyond the realm of possibilities. It was surprising, but not shocking.

Yet by the mid-afternoon when the 137-page federal criminal complaint was unsealed and journalists started reading through what undercover FBI agents had discovered during their five-year criminal investigation, it read more like a sensational organized crime and espionage novel than a court document, a real page-turner that just got more wild and incredible as it went on.

timelineYeeWhat began with the FBI investigating a murder and leadership transition in the San Francisco branch of the ancient Chinese organized crime syndicate known as the Triad, led by an undercover FBI agent who had infiltrated the group, evolved into a widening investigation accusing Yee of arranging an illegal arms trafficking deal with a Muslim rebel group in the Philippines in exchange for $100,000 funneled into his campaign, on top of smaller favors that Yee allegedly did in exchange for envelopes with $10,000 in cash.

It was even worse for local political consultant Keith Jackson, a key Yee fundraiser who was also on contract with Lennar Urban for its Bayview-Hunters Point development projects, with the undercover FBI agents allegedly drawing Jackson into big cocaine deals, money laundering, bribery, and even a murder-for-hire plot. If the complaint is to be believed, Jackson seemed willing to do just about anything to enrich himself and raise money for Yee.

Meanwhile, the public image that Chow has been cultivating for himself since his 2003 release from federal prison — that of a reformed career gangster turned Chinatown civic leader, someone praised by local politicians for inspiring fellow ex-convicts to turn their lives around — was replaced the complaint’s description of a powerful “Dragonhead” overseeing a vast criminal enterprise involved in drugs, guns, prostitution, protection rackets, moving stolen booze and cigarettes, and money laundering.

“I think the whole city is in shock at the moment,” Board of Supervisors President David Chiu, who represents Chinatown and ran against Yee in the 2011 mayor’s race, told the Guardian that afternoon. “Today’s widespread law enforcement actions are incredibly disturbing. The detail and scale of the criminal activities are shocking.”

In the days that followed, Yee withdrew his candidacy for Secretary of State and was suspended by his colleagues in the California Senate. But where this wild tale of crime and corruption goes next — and who else gets implicated as these powerful and well-connected defendants look to cut deals to avoid the lengthy prison sentences they all face — is anyone’s guess.

 

THE CRIMINAL

Chow, 54, was raised a criminal, telling the History Channel’s “Gangland” that he stabbed someone in Hong Kong at the age of nine before moving to San Francisco in 1977 and getting involved in the Hop Sing Boys gang and Chinatown’s criminal underworld.

He survived the Golden Dragon Massacre, a shooting between rival Chinatown gangs that left five dead, but he was arrested in 1978 for a robbery and sent to prison for the first time, released in 1985. The next year, he was sent back to prison for attempted murder and more gang mayhem, released in 1989.

“I did time with Charles Manson, a good friend of mine. Kimball, a serial killer. I did time with a bunch of amazing people. Each person you talk to you learn something from. Ain’t no stupid people inside the prison, you can say that,” Chow told Gangland.

In 1991, a gangster named Peter Chong was sent from Hong Kong to San Francisco to extend the reach of the Wo Hop To Triad. He enlisted Chow as his right-hand man, and together they extended the reach of the Wo Hop To across the Western United States, trying to create an all encompassing gang named the Tien HaWui, “The Whole Earth Association.”

Chow was arrested again in 1995 on a variety of racketeering and other criminal charges and sentenced to 25 years in prison. But he later testified against Chong and got his sentence reduced, and he was released from federal prison in 2003.

After his release, Chow publicly claimed to go legit, working on book and movie deals about his life, as well as building connections in the political world. Chow posed for photos with then-Mayor Gavin Newsom and other local political figures.

But the latest criminal complaint said that even as Chow pretended to be moving on, he continued to make incriminating statements to the undercover agents “confirming his knowledge of and involvement in criminal activity.”

 

THE COMPLAINT

The criminal complaint alleges that “Chow is currently the Dragonhead, or leader, of the San Francisco-based Chee Kung Tong organization,” which it described as a criminal syndicate connected to Hung Mun, a criminal dynasty that began in 17th century China, “also referred to as a Chinese secret society and the Chinese Freemasons.”

It says Chow was sworn in as CKT head in August 2006, soon after the still-unsolved murder of CKT head Allen Leung. Chow’s swearing-in was reported in local Chinese media sources, so SFPD and FBI conducted surveillance there and launched an investigation.

The FBI says it began infiltrating CKT five years ago, including an undercover FBI agent dubbed UCE 4599, who in May 2010 was introduced to Chow, who “then introduced UCE 4599 to many of the target subjects.” UCE 4599 told Chow he was a member of La Cosa Nostra, the Italian mob.

In March 2012 he was inducted into CKT as a “Consultant,” the complaint alleges. It says that Jackson — a former San Francisco school board member and political consultant — had also be inducted into CKT as a “Consultant,” participating in various criminal conspiracies.

The gang members are accused of laundering money made from “illegal activities, specifically illegal gambling, bookmaking, sports betting, drugs, and outdoor marijuana grows.” They allegedly laundered $2.3 million between March 2011 and December 2013 for UCE 4599, with members collecting a 10 percent fee for doing so.

The complaint says Jackson “has a long-time relationship with Senator Yee,” and “has been involved in raising funds for” Yee’s run for mayor “and for Senator Yee’s current campaign in the California Secretary of State election.” And much of the complaint details deeds allegedly committed by Jackson and Yee.

In fact, the second person named in the complaint, right after Chow, is Yee, “aka California State Senator Leland Yee, aka Uncle Leland.”

As the complaint alleges, “Senator Yee and Keith Jackson were involved in a scheme to defraud the citizens of California of their rights to honest services, and Senator Yee, [Daly City resident Dr. Wilson] Lim, and Keith Jackson were involved in a conspiracy to traffic firearms.”

 

THE POLITICIAN

Yee and Jackson met UCE 4599 through Chow, and then Jackson allegedly solicited him to make donations to Yee’s 2011 San Francisco mayoral campaign “in excess of the $500 individual donation limit. UCE 4599 declined to make any donations to Senator Yee, but introduced Keith Jackson and Senator Yee to a purported business associate, UCE 4773, another undercover FBI agent,” who made a $5,000 donation to Yee’s mayoral campaign.

Yee had $70,000 in debt after that mayor’s race and worked with Jackson on ways to pay off that debt. “This included soliciting UCE 4773 for additional donations and in the course of doing so, Senator Yee and Keith Jackson agreed that Senator Yee would perform certain official acts in exchange for donations from UCE 4773.”

Yee allegedly agreed to “make a telephone call to a manager with the California Department of Public Health in support of a contract under consideration with UCE 4773’s purported client, and would provide an official letter of support for the client, in exchange for a $10,000 donation.”

Meanwhile, it says Jackson and Yee continued raising money for his Secretary of State race by soliciting donations from UCE 4599 and UCE 4180, another undercover agent. “They agreed that in exchange for donations from UCE 4599 and UCE 4180, Senator Yee would perform certain officials acts requested by UCE 4599 and UCE 4180.”

That included Yee issuing an “official state Senate proclamation honoring the CKT in exchange for a $6,800 campaign donation, the maximum individual donation allowed by law.” Yee allegedly did so, and it was presented by one of his staff members at the CKT anniversary celebration on March 29, 2013.

Yee and Jackson are also accused of introducing a donor to unidentified state legislators working on pending medical marijuana legislation, the donor being another undercover agent who claimed to be a medical marijuana businessman from Arizona looking to expand into California, “and in payment for that introduction, UCE 4180 delivered $11,000 cash to Senator Yee and Keith Jackson on June 22, 2013.”

In September, after making another introduction, Yee and Jackson allegedly received another $10,000 cash donation for their services. Then Jackson allegedly had an idea for getting even more money.

“Jackson told UCE 4599 that Senator Yee, had a contact who deals in arms trafficking.” Jackson then allegedly requested UCE 4599 make another donation “to facilitate a meeting with the arms dealer with the intent of UCE 4599 to purportedly purchase a large number of weapons to be imported through the Port of Newark, New Jersey.”

That deal for up to $2.5 million in weapons involved automatic weapon and shoulder-fired missiles, the complaint said, and “Senator Yee discussed certain details of the specific types of weapons UCE 4599 was interested in buying and importing.”

The complaint says that Yee expressed discomfort with how openly UCE 4180 discussed overt “pay to play” links between cash donations and official actions. “I’m just trying to run for Secretary of State. I hope I don’t get indicted,” Yee allegedly told two undercover FBI agents during a walk on June 20, 2013, urging them to be less explicit about connecting official favor with campaign donations.

“Despite complaining about UCE 4180’s tendency to speak frankly and tie payment to performance, and threatening to cut off contact with UCE 4180, Senator Yee and Keith Jackson continued to deal with UCE 4180 and never walked away from quid pro quo requests make by UCE 4180,” the complaint said. “In fact, Senator Yee provided the introductions sought by UCE 4180 and accepted cash payments which UCE 4180 expressly tied to the making of the introductions.”

Yee’s attorney, Paul DeMeester, told reporters they will contest the charges: “We will always in every case enter not guilty pleas, then the case takes on a life of its own.”

 

Joe Fitzgerald Rodriguez contributed to this report.

 

 

 

Complaint against Yee includes firearms trafficking and envelopes full of cash

54

The federal criminal charges filed today against Sen. Leland Yee (D-SF), local political consultant Keith Jackson, reputed Chinatown organized crime boss Raymond “Shrimp Boy” Chow, and 23 other defendants allege a vast criminal conspiracy that was penetrated by undercover FBI agents, who say they then gave Yee envelopes full of cash in exchange for official favors.

Among the many bizarre aspects of this blockbuster case, Yee stands accused of taking part in a conspiracy to illegally smuggle firearms into the country, and using those deals to help secure campaign contributions for his current campaign for Secretary of State, while he was sponsoring a trio of gun control bills that were signed into law last year.

Yee, who reportedly faces 16 years in prison for two felony counts of wire fraud and conspiracy to deal firearms without a license and to illegally import firearms, was arrested this morning during a series of early morning police raids, pleaded not guilty at his arraignment this afternoon, and was freed after posting a $500,000 unsecured bond.

Chow had a long criminal history as the admitted head of the Hop Sing gang in SF’s Chinatown, serving prison time. “Chow’s criminal history includes a guilty plea in federal court for racketeering, involving murder for hire, conspiracy to distribute heroin, arson, and conspiracy to collect extensions of credit,” the complaint notes. (You can read the full complaint here.)

Chow publicly claimed to go legit after being released from federal prison in 2006, and he has cultivated many high-profile business and political connections in San Francisco. But the 137-page criminal complaint that was unsealed today alleges that “Chow is currently the Dragonhead, or leader, of the San Francisco-based Chee Kung Tong organization,” which it describerd as a criminal syndicate connected to Hung Mun, a criminal dynasty that began in 17th century China, “also referred to as a Chinese secret society and the Chinese Freemasons.”

It says Chow was sworn in as CKT head in August 2006 after being released from federal prison, soon after the still-unsolved murder of CKT head Allen Ngai Leung. Chow’s swearing-in was reported in local Chinese media sources, so SFPD and FBI conducted surveillance there and launched an investigation.

CKT is allegedly part of Triad, an international Chinese organized crime group with ties to China and Hong Kong, and in San Francisco it is said to be comprised of Chow’s Hop Sing, a street gang with 200-300 members, and the Wah Ching gang headed by George Nieh, who was charged with a variety of crimes today.

“Nieh said he was in charge of the Wah Ching gang and Chow was in charge of the Hop Sing gang. Nieh said they used to be enemies, but banded together instead,” the complaint says, relating what they allegedly told FBI informants who had infiltrated the organization.

The FBI says it began infiltrating CKT five years ago, including an undercover FBI agent dubbed UCE 4599, who in May 2010 was introduced to Chow, who “then introduced UCE 4599 to many of the target subjects.”

Chow allegedly told UCE 4599 that he oversees all of CKT criminal enterprises, but doesn’t actively run them anymore, acting as a arbiter, or as a judge when one CKT member kills another. Nieh allegedly heads the criminal activities division and reports to Chow.

They are accused of laundering money made from “illegal activities, specifically illegal gambling, bookmaking, sports betting, drugs, and outdoor marijuana grows.” They allegedly laundered $2.3 million between March 2011 and December 2013 for UCE 4599, with members collecting a 10 percent fee for doing so.

UCE 4599 told Chow he was a member of La Cosa Nostra, an Italian mob, and in March 2012 he was inducted into CKT as a “Consultant,” the complaint alleges. It says that Jackson — a former San Francisco school board member and political consultant who has worked for Lennar Urban and Singer Associates — had also be inducted into CKT as a “Consultant,” participating in various criminal conspiracies.

The complaint says Jackson “has a long-time relationship with Senator Yee,” and “has been involved in raising funds for” Yee’s run for mayor “and for Senator Yee’s current campaign in the California Secretary of State election.” And much of the complaint details deeds allegedly committed by Jackson and Yee.

In fact, the second person named in the complaint, right after Chow, is Yee, “aka California State Senator Leland Yee, aka Uncle Leland.”

“Senator Yee and Keith Jackson were involved in a scheme to defraud the citizens of California of their rights to honest services, and Senator Yee, [Daly City resident Dr. Wilson] Lim, and Keith Jackson were involved in a conspiracy to traffic firearms,” the complaint alleges.

Yee and Jackson met UCE 4599 through Chow, and then Jackson allegedly solicited him to make donations to Yee’s 2011 San Francisco mayoral campaign “in excess of the $500 individual donation limit. UCE 4599 declined to make any donations to Senator Yee, but introduced Keith Jackson and Senator Yee to a purported business associate, UCE 4773, another undercover FBI agent,” who made a $5,000 donation to Yee’s mayoral campaign.

Yee had $70,000 in debt after that mayor’s race and worked with Jackson on ways to pay off that debt. “This included soliciting UCE 4773 for additional donations and in the course of doing so, Senator Yee and Keith Jackson agreed that Senator Yee would perform certain official acts in exchange for donations from UCE 4773.”

Yee allegedly agreed to “make a telephone call to a manager with the California Department of Public Health in support of a contract under consideration with UCE 4773’s purported client, and would provide an official letter of support for the client, in exchange for a $10,000 donation. Senator Yee made the call on October 18, 2012 and provided the letter on or about January 13, 2013,” and Jackson allegedly took the cash donation from the agent.

Meanwhile, it says Jackson and Yee continued raising money for his Secretary of State race by soliciting donations from UCE 4599 and UCE 4180, another undercover agent. “They agreed that in exchange for donations from UCE 4599 and UCE 4180, Senator Yee would perform certain officials acts requested by UCE 4599 and UCE 4180.”

That included Yee issuing an “official state Senate proclamation honoring the CKT in exchange for a $6,800 campaign donation, the maximum individual donation allowed by law.” Yee allegedly did so, and it was presented by one of his staff members at the CKT anniversary celebration on March 29, 2013.

Yee and Jackson are also accused of introducing a donor to state legislators working on pending medical marijuana legislation, the donor being another undercover agent who claimed to be a medical marijuana businessman from Arizona looking to expand into California, “and in payment for that introduction, UCE 4180 delivered $11,000 cash to Senator Yee and Keith Jackson on June 22, 2013.”

In September, after making another introduction, Yee and Jackson allegedly received another $10,000 cash donation for their services.

In August of last year, in an effort to raise more money, “Jackson told UCE 4599 that Senator Yee, had a contact who deals in arms trafficking.” Jackson then allegedly requested UCE 4599 make another donation “to facilitate a meeting with the arms dealer with the intent of UCE 4599 to purportedly purchase a large number of weapons to be imported through the Port of Newark, New Jersey…Senator Yee discussed certain details of the specific types of weapons UCE 4599 was interested in buying and importing.”

The complaint, a declaration by FBI Agent Emmanuel Pascua, does indicate that both Chow and Yee sometimes tried to declare their legitimacy to the FBI agents.

“It should be noted that throughout this investigation, Chow has made several exculpatory statements about how he strives to become legitimate and no longer participates in criminal activity,” it says.

For example, Chow has been working on book and movie deals about his life, and he would regularly make statements attempting to distance himself from CKT’s alleged criminal activities, as well as building connections in the political world. Chow posed for photos with then-Mayor Gavin Newsom and other local political figures.  

“Chow has also been portrayed in many Chinese newspapers as being involved in community affairs and has been photographed posing with local politicians and other community leaders. For example, in August of 2006, Chow was photographed hold a Certificate of Honor from the San Francisco Board of Supervisors for community service of the CKT,” it reads.

But the complaint also said that Chow continued to make incriminating statements to the undercover agents “confirming his knowledge of and involvement in criminal activity.”

The complaint says that Yee also made many exculpatory statements and expressed discomfort with how openly UCE 4180 discussed overt “pay to play” links between cash donations and official actions.

“Despite complaining about UCE 4180’s tendency to speak frankly and tie payment to performance, and threatening to cut off contact with UCE 4180, Senator Yee and Keith Jackson continued to deal with UCE 4180 and never walked away from quid pro quo requests make by UCE 4180. In fact, Senator Yee provided the introductions sought by UCE 4180 and accepted cash payments which UCE 4180 expressly tied to the making of the introductions.”

Yee’s attorney, Paul DeMeester, told reporters they will contest the charges: “We will always in every case enter not guilty pleas, then the case takes on a life of its own.”

Officials in San Francisco and Sacramento are still reeling from the allegations. “I think the whole city is in shock at the moment,” Board of Supervisors President David Chiu, who represents Chinatown and ran against Yee in the 2011 mayor’s race, told us. “Today’s widespread law enforcement actions are incredibly disturbing. The detail and scale of the criminal activities are shocking.”

California Senate President Darrell Steinberg told reporters today that he has asked for Yee’s resignation and that he plans to introduce a resolution Friday to suspend Yee and two other Democrats chargeed with political corruption, Rod Wright and Ron Calderon.

Sen. Mark Leno (D-SF), who took part in that briefing, told the Guardian, “I’m frustrated and angered on behalf of my constituents that my Senate colleagues and I are there each day to create positive changes and all of these situations are distracting…It reflects badly on a great institution.”

Guardian reporter Joe Rodriguez Fitzgerald, who contributed to this report, has been covering this case from the federal courthouse today, and we’ll have more on this unfolding story in the coming days and the next issue of the Guardian. 

Yee had a reputation for political corruption even before the federal indictment

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Long before Sen. Leland Yee’s surprise arrest and arraignment on federal corruption charges today, Yee already had a reputation for, at best, political pandering and influence peddling; or at worst, corruption, a label for Yee long used in private conversations among figures in the local political establishment.

It was usually assumed to be the kind of low-level, quasi-legal corruption that is endemic to the political system: voting against one’s values and constituent interests in order to curry favor and financial contributions from wealthy special interests. In Yee’s case, his recent voting record seems to indicate that he was cultivating support from landlords and the pharmaceutical, banking, oil, and chemical industries for his current campaign for the Secretary of State’s Office.

But today’s indictment — which is expected to be released at any minute, and which we’ll detail in a separate post — seems to go much further, the culmination of a four-year FBI investigation tying Yee to notorious Chinatown gangster Raymond “Shrimp Boy” Chow, who was also arrested today. They and 24 others arrested in the case today are now being arraigned in federal court.  

The Bay Guardian has covered Yee throughout his 26-year political career, and we wrote a comprehensive profile of this controversial figure when he ran for mayor in 2011. More recently, in September, we wrote about some of his suspicious votes and refusal to offer credible explanations for them to activists he’s worked with before.

After that article, confidential sources contacted us urging us to investigate a series of strange votes Yee had cast in the last year, and we’ve been holding off on publishing that until Yee would sit down to talk to us about them. But each time we scheduled an interview with him, starting in November, he would cancel them at the last minute.

Maybe he was aware of the federal criminal investigation, or perhaps he had just decided that he not longer needed to cooperate with the Guardian as he sought statewide office, but he became increasingly hostile to our inquiries. Last month, when Yee saw San Francisco Media Co. (which owns the Guardian) CEO Todd Vogt having dinner with Board of Supervisors President David Chiu in a local restaurant, Vogt said Yee angrily accused the Guardian of being motivated by an anti-Asian bias in our inquiries and criticism, an incident that Vogt described to us as bizarre.

Guardian calls to staffers in Yee’s office, today and in recent weeks, haven’t been returned.

Yee has been a champion of sunshine (last week, the Society of Professional Journalists NorCal gave him a James Madison Freedom of Information Award for defending the California Public Records Act) and gun control, last year getting three such bills signed into law. SB 755 expands the list of crimes that would disqualify and individual from owning a gun, SB 374 prohibited semiautomatic rifles with detachable magazines, and SB 53 made background checks a requisite step in purchasing ammunition.

But he’s disappointed liberal and progressive constituencies — renters, environmentalists, seniors, students, the LGBT community — in San Francisco and beyond with most of his other votes, some of which ended up killing important legislation.

Yee voted against SB 405, which would have extended San Francisco’s plastic bag ban statewide. He also said no to regulating gasoline price manipulation by voting against SB 441, siding with the Big Oil over his constituents. And then he sided with Big Pharma in voting against SB 809, which would have taxed prescription drugs to help fund a state program designed to reduce their abuse, partially by creating a database to track prescriptions.

In addition to the Pharma-loving, ocean-shunning, oil-chugging votes Yee has cast, he has also turned a cold shoulder towards the elderly (by voting against SB 205, a bill that would make prescription font larger or, as the elderly would like to say, “readable”), the LGBTQ community (by voting against SB 761, which protects employees that use Paid Family Leave), students (by abstaining from a vote on AB 233, which would allow debt collectors to garnish the wages of college students with outstanding student loans), and tenants (by voting against the SB 510, the Mobile Home Park Conversion bill, and SB 603, which protects tenants from greedy landlords).

This year, as San Francisco’s other legislative representatives — Sen. Mark Leno and Assemblymembers Tom Ammiano and Phil Ting — announced efforts to reform the Ellis Act to address the escalating eviction epidemic in San Francisco, Yee has pointedly refused to support or even take a position on the effort.

In 2013, Yee sided with the Republican Party nine times on key votes, earning the scorn of many of his Democratic Party colleagues. Yee even voted for SCR 59, which would have created highway signs honored former Sen. Pete Knight, the late conservative Republican who authored Prop. 22 in 2000, strengthening California’s stand against same-sex marriage at the time.

Since we ran our “The real Leland Yee” article on Aug. 30, 2011, Yee has voted on 88 “key” pieces of legislation, according to the non-partisan, non-profit educational organization Project Vote Smart, and his final recorded vote has been “Yea” 80 times. He has abstained from voting six times, and has voted “Nay” just twice.

One of those votes came in response to a bill that was deemed “unnecessary” by Gov. Jerry Brown, but the other bill, SB 376, would have prohibited the harvesting and sale of shark fins in California.

In 2013, his voting record more closely aligns with Sen. Mark Wyland, a Republican from Carlsbad, than it does with any other Democrat on the Senate, finishing just ahead of Sen. Ron Calderon, the Southern California Democrat who was also indicted by the federal government on corruption charges last month after allegedly accepting bribes from an undercover FBI agent.

Throughout his legislative career, Yee has regularly supported Pacific Gas & Electric’s stranglehold on San Francisco’s energy market and benefitted from the company’s corrupting largesse. None of this may have crossed the line into actual criminal conduct — but for those familiar with Yee and his transactional approach to politics and governance, today’s indictment isn’t a huge surprise. 

The sordid saga of Airbnb — a $10 billion “outlaw middleman” — continues

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SF-based Airbnb is making news again this week, from the San Francisco Chronicle following up our stories about how landlords are sending eviction notices to tenants who are breaking their leases and local laws in using the short-term rental services to national outlets trumpeting Airbnb’s estimated $10 billion in valuation, which is more than some of the biggest hotel chains.

But nobody seems to be calling out how those two things are connected, except perhaps in ValleyWag’s passing but spot-on reference to the SF-based company as an “outlaw middleman.” That’s a good label for a scofflaw company that is making buckets of money by openly flouting tenant and tax laws in San Francisco, New York City, and other cities around the world.

Meanwhile, as the City Attorney’s Office continues preparing to take legal action against Airbnb, new companies are popping up to make it even easier for residents to illegally monetize their rent-controlled apartments, such as AirEnvy.com, which encourage people to “profit from your home or apartment by renting out unused space through a full service management marketplace.”

The company charges people 18 percent to manage their Airbnb rentals, checking guests in and out, cleaning up, and whatnot. And most of its testimonials are from San Franciscans, such as Rob, who writes, “I used to spend hours managing my Airbnb, exchanging keys with guests, and cleaning. Now, Airenvy does all that for me.”

Breaking local laws against short-term rentals has never been easier! All this infuriates Janan New of the San Francisco Apartment Association, who tells the Guardian that more than 1,100 rent-control apartments are listed on Airbnb at any time, and she’s been working with landlords to identify and evict such tenants.

Yet she denies that many landlords are using Airbnb to get around rent-control laws — such short-term rentals are also usually illegal, even for owners — and told us, “If people are breaking the law on our side, I want to know who it is.”

And as this highly lucrative clusterfuck continues, Board of Supervisors President David Chiu is still mired in his year-long efforts to create a legislative remedy for all of this. But Airbnb seems to be taking its local political problems seriously, this week hiring David Owen — a well-connected former legislative aide to Chiu’s predecessor, Aaron Peskin — away from Platinum Advisors to work on public policy for the company.

Stay tuned, folks, there’s lots more to come on an issue that the Guardian started covering years ago when few were paying attention to how an illegal business model was being used to create a multi-billion-dollar company.   

Uber adjusts insurance policy in wake of fatal collision

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Transportation Network Companies, more commonly known as “rideshares,” have operated in legal limbo regarding their insurance since their creation. This came to a head on New Year’s Eve with the death of six-year-old Sofia Liu, who was killed in a collision with an Uber car driven by a man named Syed Muzzafar. Uber claimed in a blog post that because Muzzafar was not ferrying a passenger at the time, and only using the app to search for fares, that he was not officially covered by their insurance.

That insurance gap left Muzzafar on the hook for the little girl’s death and the injuries of her family, the subject of a lawsuit that could end up seeking some $20 million in damages.

So far, Uber has not provided any compensation to Liu’s family. But it has revised its insurance policy, suggesting future collisions may be covered.

In a blog post, Uber announced that “in order to fully address any ambiguity or uncertainty around insurance coverage for ridesharing services,” it would expand drivers’ insurance “to cover any potential ‘insurance gap’ for accidents that occur while drivers are not providing transportation service for hire but are logged onto the Uber network and available to accept a ride.”

Uber’s new policy will cover up to $100,000 per incident for bodily injuries and $25,000 per incident for property damage. But the blog specifies that the money will not kick in if a driver’s personal insurance covers a collision, as appears to be the case with the New Year’s Eve incident.

In an interview with the San Francisco Chronicle, Uber CEO and co-founder Travis Kalanick said that the Syed Muzzafar’s personal insurance policy had offered to pay the claim, but had not yet followed through.

Uber’s spokesperson Andrew Noyes declined to comment when we asked him about this.

Notably, a coalition of rideshares including Lyft and Sidecar and a handful of insurance companies banded together to develop new insurance policies. The group’s work is ongoing, though the intent looks positive — new insurance policies specific to Transportation Network Companies developed by a coalition of industries would be a great step for driver, passenger and pedestrians alike.

But for now, commercial and personal insurance policies rarely, if ever, cover TNC drivers. And Uber’s new insurance? It’s great, as long as Uber follows through. (Joe Fitzgerald Rodriguez)

Indecisive Democrats let real-estate developers win

By a slim margin, the governing body of the San Francisco Democratic Party voted Wed/12 to oppose a controversial June ballot measure, Proposition B, concerning waterfront height limits.

The initiative would require city officials to get voter approval before approving new building projects that are taller than what’s legally sanctioned under a comprehensive waterfront land-use plan. Prop. B stems from an effort last November, authored by the same proponents, to reverse approval for a luxury waterfront development project called 8 Washington, which exceeded building height limits. In the run-up to that election, the DCCC sided against the 8 Washington developers, and aligned itself with those seeking to strike down the 8 Washington height-limit increase in order to kill the project.

But this time, under the leadership of chair Mary Jung — who is employed as a lobbyist for the San Francisco Association of Realtors — the DCCC came down on the side of powerful real-estate developers.

The vote was surprising to some longtime political observers, given that until recently the DCCC was known as a progressive stronghold in San Francisco politics. Its slate cards are distributed to Democrats throughout San Francisco, and Democrats make up the vast majority of city voters.

In a politically significant outcome, the DCCC’s opposition to Prop. B was decided by a slim 13 to 12 vote. The threshold for it to pass or fail was much lower than usual, because so many DCCC members simply refused to take a stand.

San Francisco Board of Supervisors President David Chiu — who not only opposed 8 Washington but helped gather signatures for the referendum to challenge it — was among those who abstained. Chiu’s decision to abstain sets him apart from Campos, his opponent in the upcoming Assembly race, who voted to endorse Prop. B. Had Chiu voted, Prop. B’s opponents would not have had the votes to get the upper hand.

When reached for comment, Chiu told the Bay Guardian he still hasn’t formed an opinion on the measure, and that he’s waiting on a pending city analysis and the outcome of a lawsuit challenging it.

“There’s been very little analysis and I could take money away from affordable housing and cost the city money fighting a lawsuit,” he said, citing the money that developers would be spending on political campaigns as the potential source of affordable housing money.

“I am open to supporting the measure, as someone who passionate about waterfront development,” he added, citing the lead role he took in opposing the 8 Washington project. (Rebecca Bowe)

 

Local support for national LGBT housing rights

At the Tue/11 Board of Supervisors meeting, Sup. David Campos introduced legislation to encourage large-scale developers to protect the housing rights of the LGBT community.

Same-sex couples nationwide are more likely to experience discrimination in their search for senior housing, a study by the Washington, D.C. based Equal Rights Center found.

To investigate, testers posed as gay or straight couples with otherwise nearly identical credentials, then submitted inquiries on senior housing in 10 different states. They discovered that in 96 out of 200 tests, those posing as lesbian, gay or bisexual residents experienced at least one type of adverse, differential treatment.

Meanwhile, according to the National Center for Transgender Equality, one in five transgender U.S. residents has been refused a home or apartment, and more than one in ten has been evicted, because of their gender identity.

Federal law does not expressly prohibit discrimination based on sexual orientation or gender identity. California law does, as do laws in 19 other states. Given these gaps in legal protection, real-estate providers can adopt their own policies to prohibit LGBT discrimination.

Campos’ proposal would require large-scale developers who wish to build in San Francisco to prove their commitment to equal housing opportunities.

“We want to know whether a developer hoping to build in San Francisco is protecting LGBT housing rights when they own or manage housing in states where legal protections don’t exist,” Campos explained. “By collecting this information, we can highlight best practices and urge those who do not have these policies to do the right thing.”

Democratic party rejects bid to make waterfront development more democratic (UPDATED)

Note: This story has been updated (see below).

The governing body of the San Francisco Democratic Party voted Wed/12 to oppose a controversial June ballot measure concerning waterfront height limits, despite voting last year to support a strikingly similar measure on the November ballot.

By a slim 13-to-12 vote, the Democratic County Central Committee voted to oppose Proposition B, which would require city officials to get voter approval before approving new building projects that are taller than what’s legally sanctioned under a comprehensive waterfront plan.

The vote breakdown was surprising to some because until recently, the DCCC was known as a progressive stronghold in San Francisco politics. Its slate cards are distributed to Democrats throughout San Francisco, and Democrats make up the vast majority of city voters.

Now, under the leadership of a chair who is employed as a lobbyist for the San Francisco Association of Realtors, the DCCC has aligned itself with powerful real-estate developers hoping to build along the city’s waterfront. 

District 8 Sup. Scott Wiener came under scrutiny recently because he called for a formal evaluation on the impact of Prop. B after developers who oppose the measure sent emails urging him to do so. Wiener, who emphasized at the time that he merely sought an “impartial analysis” of the measure, voted against Prop. B.

Also opposing Prop. B were Assmeblymember Phil Ting, Attorney General Kamala Harris, and Bevan Dufty, a former District 8 supervisor who now leads the mayor’s initiatives on homelessness. 

Twelve members voted to endorse the measure, including Sups. John Avalos, David Campos, Eric Mar, and Malia Cohen, as well as California Sen. Mark Leno and Assemblymember Tom Ammiano. 

But the threshold for this vote to pass or fail was much lower than usual, because so many DCCC members simply refused to take a stand one way or the other.

Prop. B comes on the heels of voters’ rejection last November of Props. B and C, dueling initiatives which concerned the fate of a controversial luxury high-rise tower, the 8 Washington project. 

Although that project won Board of Supervisors approval, opponents brought a referendum to the ballot to ask voters to decide whether to uphold or reject a building height increase that went above the established limit.

The rejection of 8 Washington at the ballot was interpreted as a politically significant turning point, because voters flushed a luxury condo tower down the tubes at a time when the housing affordability crisis was getting into full swing. Soon after that victory, 8 Washington opponents returned to file paperwork for a new referendum on the ballot, to require voter approval for all waterfront height-limit increases.

San Francisco Board of Supervisors President David Chiu – who not only opposed 8 Washington but helped gather signatures for the referendum to challenge it – did not take a position on the waterfront height limit measure. Chiu’s decision to abstain sets him apart from Campos, his opponent in the upcoming Assembly race. Had Chiu voted to endorse Prop. B, its opponents would not have had the votes to get the upper hand.

UPDATE: Chiu said he still hasn’t formed an opinion on the measure, and that he’s waiting on a pending city analysis and the outcome of a lawsuit challenging it. 

“There’s been very little analysis and it could take money away from affordable housing and cost the city money fighting a lawsuit,” he said, citing the money that developers would be spending on political campaigns as the potential source of affordable housing money. 

“I am open to supporting the measure, as someone who passionate about waterfront development,” he added, citing the lead role he took in opposing the 8 Washington project. (End of update.)

Others who abstained (or did so by proxy) included Alix Rosenthal (who is working as a consultant on the waterfront Warriors arena project), Sen. Dianne Feinstein, Rep. Jackie Speier, and Rep. Nancy Pelosi. California Sen. Leland Yee – whose representative at the meeting, John Rizzo, reportedly did not show up to cast Yee’s vote – was reportedly also planning to abstain.

Jon Golinger, who is leading the Prop. B campaign to require voter approval for waterfront height-limit increases, said he wasn’t terribly concerned about the DCCC vote, since early polling was favorable to his campaign. But he found it telling that the same cast of characters who had opposed 8 Washington were now voting to oppose a measure that would have extended voters’ will on 8 Washington to all waterfront development proposals.

“The key difference,” between Prop. B and last November’s 8 Washington vote, he told the Bay Guardian, “is that there are more big money interests that have something to lose here.”

Clean Up The Plaza run by political consultant with ties to developers

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Neighborhood and progressive political activists have long been suspicious of the shadowy Clean Up The Plaza campaign and its possible connections to a massive housing development proposed for 16th and Mission streets — and the Guardian has now confirmed that developer-connected political consultant Jack Davis is playing a key role in that campaign.

Asked by the Guardian whether he is being paid by the developers — Maximus Real Estate Partners, which has submitted plans to build a 10-story, 351-unit housing complex overlooking the 16th Street BART plaza — Davis told the Guardian, “That’s between me and the IRS.”

Our exchange with Davis and Gil Chavez, a Davis roommate who runs the Clean Up The Plaza campaign, occurred yesterday outside the LGBT Center where they and three other campaign workers (who refused to speak to us) were promoting their cause and collecting signatures on petitions calling for crackdowns on the plaza before the debate inside between Assembly District 17 candidates David Chiu and David Campos.

Clean Up The Plaza has been refusing to return calls from the Guardian or other local journalists for months, and the group hasn’t filed any paperwork with the San Francisco Ethics Commission in association with its political fundraising or lobbying efforts.

Asked about the group’s relationship with the project developers, Chavez told us, “They’re in communication with us and we’re in communication with them, but they haven’t funded us.” Asked who paid for the group’s website, mailers, window signs, and other expenses, Chavez said it was him and other donors that he wouldn’t identify.

Davis has been the go-to political consultant on big campaigns backed by real estate interests in San Francisco, working on the successful mayoral campaigns of Frank Jordan, Willie Brown, and Gavin Newsom, as well as a number of high-profile development projects, including the 1996 ballot measure approving construction of AT&T Park.

He and Chavez say they live together in the neighborhood and their only motivation in running the group is improving public safety. “I’m happy to to talk about what Clean Up The Plaza is,” Davis told us. “I live at 17th and Mission and I’ve been mugged.”

But housing activist Sara Shortt of the Housing Rights Committee isn’t buying it, calling the group “a fake grassroots campaign that is misleading this community.”

“If you didn’t know Jack Davis’ history in politics in San Francisco, you might be able to take that at face value,” Shortt said of Davis’ claims to be simply a concerned citizen. “Given his ties to big developers, it’s not very believable.”

Willie Brown even heralded Davis’ return to political work two years ago in his San Francisco Chronicle column, entitled “Political consultant Jack Davis back on S.F. scene,” writing that he has returned to local political circles following a hiatus in Wales the previous few years.

“You political types, be warned. Jack Davis is back in town,” the column began, ending with, “I think that after watching from the sidelines for a while, he’s ready to return. Can’t wait to see whom he decides to work for. Stay tuned.”

Is Davis working on fake grassroots campaign designed to smooth the way for a massive gentrifying housing projects in one of the city’s last remaining neighborhoods that still welcomes poor people? Stay tuned.

San Francisco Ethics Commission Director John St. Croix told the Guardian that the group should be registered if it has raised more than $1,000 or if it is lobbying at City Hall — indeed, the group has boasted on its website of efforts to influence Campos and other city officials to increase police patrols and cleansing of the plaza — particularly if it is being paid by a third party to do so.

“If they’re lobbying, obviously we want to know,” St. Croix told us, saying that he planned to personally follow-up with the group on its activities.

Davis denies that the group is in violation of any disclosure laws, claiming it is simply a small neighborhood group, and he referred our inquiries to the group’s attorney, James Perrinello, a partner at the high-powered and politically connected law firm of Nielson Merksamer Parrinello Gross & Leoni, who hasn’t yet returned our calls.

For more on Clean Up The Plaza and other campaigns to “clean up” poor neighborhoods as a precursor to gentrification and market rate housing development — including the ongoing efforts to do so in the Tenderloin and Mid-Market areas — read next week’s Bay Guardian. 

[UPDATE 3/18: Former Guardian Editor/Publisher Tim Redmond’s 48 Hills site just posted a long report by reporter Julia Carrie Wong that includes an admission by Davis that he is indeed a paid consultant for Maximus, as well as interesting conflicting statements from Maximus and Chavez about a meeting they held. Check it out.] 

SF bans water bottles

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San Francisco continues to lead the way in the nation’s environmental policy, with the Board of Supervisors on March 4 voting unanimously to bar the city from buying plastic water bottles and to ban distribution of plastic water bottles smaller than 21 ounces on city property starting Oct. 1. The ban excludes city marathons and other sporting events.

"We all know with climate change, and the importance of combating climate change, San Francisco has been leading the way to fight for our environment," Board President David Chiu, who authored the legislation, said at the hearing. "That’s why I ask you to support this ordinance to reduce and discourage single-use, single-serving plastic water bottles in San Francisco."

Chiu held up a water bottle at the board meeting, a quarter of the way full with oil, to illustrate how much oil is used in the production and transport of plastic water bottles. He also reminded San Franciscans that the current fad of buying bottled water only started in the 1990s when the bottled water industry mounted a huge ad campaign that got Americans buying bottled water.

Somehow, Chiu noted, "for centuries, everybody managed to stay hydrated." (Francisco Alvarado)

Mass action against Keystone XL

Nine environmental activists were arrested in San Francisco for marching through the financial district and entering One Spear Tower on March 3, the building that houses local offices of the State Department, to express opposition to the proposed Keystone XL pipeline.

A day earlier, a mass protest against the oil pipeline was staged outside the White House in Washington, D.C. Roughly 200 protesters were arrested after using plastic zip ties to lock themselves to the White House fence.

Meanwhile, thousands more have made a vow — at least in the sense of clicking to add their name to a petition — to engage in peaceful civil disobedience if President Barack Obama grants ultimate approval for the oil infrastructure project, which would transport 830,000 barrels of crude oil from Canada to the Gulf Coast.

Nonprofit Credo Action has created an online petition urging people to get ready to respond with peaceful civil disobedience if the pipeline wins final approval. (Rebecca Bowe)

City weighs lawsuit over Airbnb

The San Francisco City Attorney’s Office is finally preparing to take action against the illegal short-term housing rentals facilitated by Airbnb, something we’ve been hearing that the Examiner also reported on March 6 ("SF landlords could face legal fight over rentals on Airbnb, other services"), an action that would address the company’s apparent stall tactics.

Despite a business model that violates a variety of San Francisco laws — most notably zoning, planning, and tenant regulations — and Airbnb’s flagrant flouting of a two-year-old city ruling that it should be collecting and paying the city’s transient occupancy tax (see "Into thin air," Aug. 6), the City has appeared unwilling or unable to enforce its laws or address these issues.

"We’re aware of multiple housing allegations, including some that community leaders have brought to us," City Attorney’s Office spokesperson Matt Dorsey told the Guardian, confirming that the office is considering taking legal action to enforce local laws governing short-term housing rentals but refusing to provide details.

Board of Supervisors President David Chiu took on the problem over a year ago, working with the company and its critics to develop compromise legislation that would legalize and tax the activities of Airbnb and its hosts, but the multi-layered legal and logistical challenges in doing so have so far proven too much for the otherwise effective legislator.

"My staff has held meetings with Planning staff and its enforcement team to discuss enforcement and related challenges. We’ve also been in touch with the City Attorney’s Office on these issues," Chiu told the Guardian, saying he and his staff have recently been focused on other tenants and secondary unit legislation, but they "plan to refocus on our shareable housing efforts soon." (Steven T. Jones)

Blaming pedestrians

ABC7 News Investigative Team’s new "investigative report" on pedestrian safety stirred controversy last week as street safety advocates called out the video for its insensitivity towards pedestrian deaths and lax attitude towards unsafe drivers.

Streetsblog SF and others in San Francisco said the report engaged in "victim blaming."

ABC7’s pedestrian safety coverage comes on the heels of a number of high-profile traffic collision deaths, including that of 6-year-old Sofia Liu, killed on New Year’s Eve. Since then, the Walk First program to create safer streets has garnered more attention, culminating in Mayor Ed Lee’s announcement today to partially fund safety improvements to the city’s most dangerous intersections, to the tune of $17 million — improvements that languished due to funding gaps since the program was announced in April.

But making all the needed improvements though would cost $240 million, according to city estimates, and that funding has yet to be identified. Suffice to say, the traffic enforcement debate still rages in San Francisco, with emphasis on the word ‘rage.’

"We’ve seen ‘blame the pedestrians’ from police and in the media," Leah Shahum, executive director of the San Francisco Bike Coalition, said at a pedestrian safety hearing in January. Police Chief Greg Suhr that night apologized for his officers’ lax enforcement of drivers, and focus on pedestrians, and pledged to change policies to focus on drivers going forward.

It’s too bad ABC 7’s I-Team didn’t get that memo.

"In San Francisco, simply stepping off the curb can be deadly," ABC reporter Dan Noyes narrates in their video report. The word ‘deadly’ is capped off with a Hollywood-style musical flourish, like a horror movie moments before the big scare.

"Pedestrians are making mistakes over and over again," Noyes narrates. The video cuts to pedestrian after pedestrian looking at cell phones, jaywalking, or otherwise engaging in unsafe behavior. It’s fair to say the piece, headlined "I-Team investigates what’s causing pedestrian deaths," places responsibility of pedestrian safety squarely on the shoulders of pedestrians. (Joe Fitzgerald Rodriguez)

High-speed challenges

The California High Speed rail project has been facing resistance that threatens to derail the project. Not only has public support for the $68 billion project wavered in recent years, now the project faces a legal battle that could delay the project before the first rail is laid.

On March 4, Sacramento County Superior Court Judge Michael Kenny ruled that a lawsuit brought on by King County can go to trial. The lawsuit raises questions about the legality of using 2008’s voter-approved Prop 1A funding, $9.95 billion worth of bonds, to upgrade and electrify Caltrain’s tracks and incorporate them into the high speed system.
Another concern was that the proposed high-speed system would not be able to pull through with its promise of a 2 hour 40 minute nonstop ride from downtown San Francisco to Los Angeles’ Union Station if the high speed system had to share tracks with Caltrain.

The lawsuit also threatens to leave San Francisco’s new $4.5 billion Transbay Terminal without its planned underground high speed rail station, which could be disastrous for that project as well.

None of this seems to faze Rod Diridon, executive director of the Mineta Transportation Institute based out of San Jose State University and former founding board member of the California High-Speed Rail Authority Board. He told the Guardian: "I think that [the project] will happen now. I think that our wonderful governor and our legislative leaders are going make it happen now…. If it was delayed it would only be a matter of time before it came back." (Francisco Alvarado)

SF votes to ban plastic water bottles on city property

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San Francisco continues to lead the way in the nation’s environmental policy, with the Board of Supervisors today [Tues/4] voting unanimously to bar the city from buying plastic water bottles and to ban distribution of plastic water bottles smaller than 21 ounces on city property starting Oct. 1. The ban excludes city marathons and other sporting events.

“We all know with climate change, and the importance of combating climate change, San Francisco has been leading the way to fight for our environment,” Board President David Chiu, who authored the legislation, said at the hearing. “That’s why I ask you to support this ordinance to reduce and discourage single-use, single-serving plastic water bottles in San Francisco.”

Chiu held up a water bottle at the board meeting, a quarter of the way full with oil, to illustrate how much oil is used in the production and transport of plastic water bottles. He also reminded San Franciscans that the current fad of buying bottled water only started in the 1990s when the bottled water industry mounted a huge ad campaign that got Americans buying bottled water.

Somehow, Chiu noted, “for centuries, everybody managed to stay hydrated.”  

Proponents say they hope the ban will put a dent in the nearly 60 million water bottles Americans use daily and decrease the amount of plastics that take up room in the oceans and landfills.

“We applaud Supervisor Chiu and San Francisco’s leadership in the movement to think outside the bottle,” said Katherine Sawyer, Campaign Organizer of Think Outside the Bottle at Corporate Accountability International, which took part in a taste test event comparing SF tap water to bottled water before the hearing. “By taking this step, San Francisco continues to be a pioneer, paving the way for cities, states, and national parks across the country to follow suit and buck the bottle. Not only does this measure eliminate wasteful spending on such an eco-unfriendly product, but it also opens doors to increased investment in the most essential of municipal services—water.”

The ban will return to the board next week for a final vote, after which it will head to Mayor Ed Lee for his signature.