Gavin Newsom

Can we rediscover radical action on this marriage equality anniversary?

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San Francisco’s political establishment will rightly celebrate itself this afternoon [Wed/12] at 5pm with a ceremony in City Hall marking the 10th anniversary of the unilateral decision to start issuing marriage licenses to same-sex couples, kicking off what became known as the Winter of Love.

It was the greatest thing that then-Mayor Gavin Newsom did during his seven-year tenure in Room 200, a bold and principled stand for civil rights that started California down the long and arduous road toward marriage equality.

“It was a proud moment for San Francisco, and some of my most meaningful moments in public service,” Mayor Ed Lee wrote in a guest editorial in today’s Examiner, referring to the minor role that he played as a city administrator at the time.

But that kind of political leadership and willingness to take radical action in the face of injustice — or even the recognition during this kumbaya moment that what Newsom did far exceeded his actual legal authority — seems to be absent in today’s City Hall, which overvalues civility and compromise.

Real estate speculators and greedy capitalists are rapidly changing the face of San Francisco, killing its diversity and some would say its very soul, and the Mayor’s Office hasn’t done anything of any real substance to address the problem. While Mayor Lee gives lip service to protecting the city “for the 100 percent,” it is his supporters from the 1 percent that are acting with impunity to evict our workers, artists, and valued cultural institutions.

So as San Francisco officials pat themselves on the back this afternoon at City Hall, celebrating what was indeed an important and historic effort, our hope is that they will remember the radical spirit of that fateful moment and apply it to the pressing problems that have ignited such populist outrage today.   

Alerts: February 12 – 18, 2014

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WEDNESDAY 12

 

10th Anniversary: Winter of Love City Hall Rotunda, Civic Center Plaza, SF. (415) 554-5977. 5-6pm, free. Celebrate 10 years since the historic day when then-Mayor Gavin Newsom took a courageous stand against marriage discrimination in San Francisco, and married thousands of same-sex couples in San Francisco’s City Hall. A decade later, loving same-sex couples can legally marry in San Francisco and throughout California. It’s time to celebrate with family and friends. Lt. Gov. Gavin Newsom and San Francisco Mayor Ed Lee will attend.

 

Winning Divestment: Student Struggles for Peace and Justice Mission Cultural Center for Latino Arts, 2868 Mission, SF. MEPeaceSF@AFSC.org. 6-8:30pm, free. A panel discussion will bring activists together to address the power, controversy and effectiveness of divestment as a tool for economic activism in different movements: the movement against apartheid in South Africa, the struggle for Palestinian rights, the global movement to avert the climate crisis. Film clips will accompany the panel, followed by an open conversation moderated by journalist, activist, and author Nora Barrows-Friedman.

 

THURSDAY 13

 

Kamala Harris: Do Your Job, Prosecute Killer Cops! State Building, 1515 Clay, Oak. www.justice4alanblueford.org. 3-5pm, free. The Justice for Alan Blueford Coalition (JAB) submitted a letter to CA Attorney General Kamala D. Harris at the State March Against Police Brutality on October 22, demanding that she prosecute Miguel Masso for the murder of Alan Blueford. Since then, she has responded by refusing to reopen the investigation. Join in a statewide campaign to demand that Attorney General Harris do her job and investigate citizen deaths.

FRIDAY 14

Dance Across the Golden Gate Bridge Southeast End of Golden Gate Bridge, SF. www.onebillionrising.org/events. 8am, free. One Billion Rising for Justice is a global call to women survivors of violence and those who love them to gather safely in community outside places. This year, they are escalating their efforts, calling on women and men everywhere to rise, release, dance, and demand justice. Join them for an early morning dance across the Golden Gate Bridge.

SUNDAY 16

Radical Women & Freedom Socialist Party Meeting New Valencia Hall, 747 Polk, SF. www.radicalwomen.org. 1pm, free. Obamacare: not as universal as you may think. The focus of this month’s meeting of the Radical Women & Freedom Socialist Party is a leftist critique of the Affordable Care Act, plus cost-effective alternatives that would provide humane treatment to all. Come and discover the criticism you aren’t used to hearing about in the news.

Judge says state erred in 8 Washington property transfer

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A San Francisco judge has ruled that the California State Lands Commission illegally exempted from environmental review a property transfer it approved in 2012 to facilitate the controversial 8 Washington project — a ruling that casts doubt over a dubious tactic the agency commonly uses to expedite development, as well as the legal judgment of an agency that is trying to subvert a new initiative that would subject waterfront height increases to a public vote.

Superior Court Judge James Robertson yesterday found the commission improperly cited obscure provisions that allow it to avoid a full review under the California Environmental Quality Act for cases involving “settlement of a title or boundary problem” when it transferred Seawall Lot 351 to developer Simon Snellgrove for his 8 Washington luxury condo project.

“The SLC in approving this exemption has acted contrary to the clear language of the statute,” Robertson ruled, finding that property transfers are far more significant than rare cases involving contested property boundaries or titles.

“The State Lands Commission involves this exemption routinely for land exchanges [through the state],” said attorney Susan Brandt-Hawley, who represented opponents of the project, which was stopped by voters in November with the defeat of Prop. B, a referendum, and Prop. C, a developer-written initiative supporting the project.

State Lands Commission Sheri Pemberton confirmed that the agency commonly uses this exemption for property transfers, but she said that she couldn’t comment on the ruling or the underlying issues because she said the litigation is ongoing. Asked whether that means the commission plans to appeal, she wouldn’t comment.

Former San Francisco City Attorney Louise Renne, a key opponent of the 8 Washington project, told the Guardian that the commission has clearly been misusing this exemption and abusing its authority over “public trust” waterfront lands in order to expedite development proposals.

“I believe the State Lands Commission has lost sight of the importance of public trust lands,” Renne told us. “How can you possibly say there was a title and boundary dispute? I’ll be blunt: I think the fix was in.”

She was also critical of the commission for sending a Jan. 13 letter to the city contesting the authority of San Francisco voters to use the initiative process to be able to protect waterfront heights limits by requiring a vote on projects that exceed those limits.

“What in the world would possess them to get involved in this matter at this time? Who is talking to whom over there?” Renne said.

We asked Pemberton whether Lt. Gov. Gavin Newsom, a commission member who was a strong supporter of 8 Washington, had any role in requesting the letter and she said that she didn’t know. Newsom hasn’t returned our calls on the issue, but the Guardian today made a California Public Records Act request to the commission for all communications related to that letter, so stay tuned.  

Double standard for the role of voters in SF waterfront development?

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As our article on San Francisco waterfront development was hitting the presses last week, California State Lands Commission Chief Counsel Mark Meier made public a letter questioning the legality of a local initiative in circulation that would submit waterfront projects that break height limits to a vote of the people.

Meier argued that such “public trust lands” are managed locally for statewide benefit, and therefore voters can’t meddle with the decisions made in City Hall or the Port of San Francisco offices: “The land use and management decisions that the City makes regarding these public trust land cannot be overriden by the local initiative process…”

State Lands Commission must sign off on most waterfront developments, along with the San Francisco Bay Conservation and Development Commission, so this Jan. 13 letter to the City Attorney’s Office is significant. It’s unlikely to keep the measure off the June ballot if the campaign gets enough qualifying signatures by Feb. 3, but it could be used in later challenges. 

Campaign Manager Jon Golinger said he wasn’t surprised or worried by the threat, calling Meier’s argument flawed. “Our attorneys have already analyzed this and we feel pretty confident,” he told us, summarizing his side’s legal argument as, “Anything that the people’s representatives can do, the people are also allowed to do.”

Golinger also noted a perverse aspect to Meier’s arguments, noting that the initiative seeks to strengthen existing protections of the waterfront, which is exactly what the Burton Act encouraged when transfering authority to the city. And most of the caselaw that Meier relies on for his arguments involved judges ruling against initiatives that sought to weaken local authority and protections.

Golinger also noted the glaring contradiction between the position between taken now by the State Lands Commission, of which Lieutenant Governor Gavin Newsom is one of three elected members, and the Prop. C initiative campaign funded last year by the 8 Washington project developers that was overtly supported by Newsom.

“If this is of question legally, why didn’t Commissioner Newsom raise this last year?” Golinger asked.  

In fact, that initiative would have been a far more glaring violation of the sanctity of local government control considering it would have not only green-lighted the 8 Washington project and all of its variances from local codes, but it would have prohibited “discretionary review” of the project by professional city planners.

We called both Meier and Newsom’s office with questions about the letter, its arguments and contradictions, and the role that Newsom had in ordering, preparing, or reviewing the letter. We never heard back from either of them, but we’ll update this post if and when we do.   

 

Reformer removed

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rebecca@sfbg.com

A San Francisco public health official, who’s earned national recognition in his field for launching progressive environmental health initiatives, announced his resignation in late December under bizarre circumstances.

Dr. Rajiv Bhatia, who served as director of environmental health, left his employer of 17 years after being subjected to a months-long internal investigation he described as baseless.

Once the Department of Public Health concluded its inquiry, Bhatia faced no charges of misconduct. He resigned after securing a settlement agreement, under which the city paid him $155,000.

In an open letter circulated to colleagues and reporters, Bhatia announced he was leaving and commented on an internal cultural shift he said had impeded his work, which examined the health consequences of air pollution, poor housing conditions, low-wage employment, and disparities in life expectancy by neighborhood, among other things.

“Unfortunately, changes in the Department’s organization and culture no longer support my pursuit of vigorous and community-oriented public health regulation and advocacy,” Bhatia wrote.

“I understand that the new leadership may not share my broad vision of environmental public health,” he went on, referencing a 2010 leadership transition in which Director Barbara Garcia took the reins from former department chief Mitch Katz. “Yet, it is deeply disconcerting that they chose to subject me to an aggressive and public investigation into groundless allegations.”

Colleen Chawla, deputy director of the health department, said she was prevented from commenting on Bhatia’s resignation or statement, because the issue constituted a personnel matter.

Bhatia spearheaded a series of innovative programs that went beyond the scope of conventional public health practices.

“Rajiv was doing pioneering work,” said Larry Adelman, co-director of documentary filmmaking company California Newsreel and producer of “Unnatural Causes,” a four-part PBS series on health inequity.

“He was concerned with closing the growing gap between health outcomes,” Adelman said, noting that the poor have a lower life expectancy on average than those with higher incomes. “I know other public health departments were looking to his work and trying to learn from him.”

Bob Prentice, who served as DPH deputy director until 1999, sounded a similar note, saying Bhatia’s environmental health work was based on the idea that “fundamental inequalities in life produce inequities in health.”

Bhatia’s departure is only the latest in a series of resignations submitted over the last year or so, causing some to question whether Garcia’s philosophy or management style triggered the departure of more than a half-dozen high-ranking health department staff members.

“Is this about a management culture that wants to suppress the kinds of things Rajiv has represented?” Prentice wondered.

The environmental health director first learned he was under investigation in June, when he returned after a vacation only to learn he’d been locked out of his office.

“They finished doing their investigation in August,” Bhatia explained in a recent phone interview. “I was removed from all roles. They refused to allow me to go back to my work.”

Instead, he says he was directed to work on “trivial special assignments” that had little to do with the goals of the Program on Health Equity and Sustainability, which he’d created.

Bhatia says he still has not been told exactly what city officials hoped to find when they initially placed him under investigation, or what the allegation was. But based on the questions they asked him, “it appears what they were investigating was a program … initiated by a mayor’s executive directive,” he said, referencing a food policy directive initiated under former Mayor Gavin Newsom.

Sources familiar with the situation told the Guardian the investigation started with a whistleblower complaint filed against Bhatia, which led department officials to try and determine whether there was a conflict of interest associated with his role as a nonprofit board director.

But Bhatia reacted strongly to this allegation, which was also alluded to in a San Francisco Chronicle article. “It’s just not true,” he said. “I’m not on the board of any nonprofit that receives any money from the city.”

Some high-ranking health department officials do work with nonprofit organizations that deal closely with the city. As the Bay Guardian previously reported (“Friends in the Shadows,” Oct. 8, 2013), Chawla is a board member of the San Francisco Public Health Foundation, which raises funds for DPH and functions as a city contractor. Sue Currin and Roland Pickens, CEO and COO of San Francisco General Hospital, respectively, serve on the board of the San Francisco General Hospital Foundation. The vast majority of private donations to the city’s safety-net hospital are collected through that nonprofit entity.

Bhatia sits on the board of Human Impact Partners, an Oakland-based nonprofit with 11 staff members dedicated to tackling health equity issues. “I was pretty careful to draw the line,” he said of that role.

“I think the real question is, for me, what facts did the city use to justify their actions? It seems arbitrary,” Bhatia said. “As far as I know, all of the work I was doing was part of the mayor’s agenda. This came out of nowhere, and it apparently has no basis.”

Last October, a group of his professional colleagues wrote to the health department to voice concern that his removal would cause key environmental health programs to fall by the wayside.

Among the initiatives he was moving forward was a Community Air Pollution Risk Reduction plan, which sought to establish new policies for alleviating respiratory problems associated with air pollution hotspots. Since concentrated air pollution occurs within some of the city’s priority residential development areas, that new set of proposed regulations would apply to new and existing real-estate development projects.

“The City began drafting the [risk reduction plan] in 2010 and was to have adopted a plan by 2012,” supporters wrote in an Oct. 1 letter. “We are puzzled by a recent City presentation on the timeline for the CRRP, which suggested that a plan was not yet drafted.”

Chawla said the plan continues to move forward. She also acknowledged that, in general, Bhatia “has really brought a lot of great ideas and work to the health department, and that is something I value and anticipate will continue.”

The air pollution risk reduction plan wasn’t the only place where Bhatia’s work overlapped with development and housing issues. Adelman described how Bhatia had conducted a health impact assessment, a formal study to determine the health outcome of a policy decision, on the potential health benefits of requiring developers to build onsite affordable housing units as part of new construction projects.

He was also engaged in an effort to improve the environmental health division’s code enforcement against housing hazards, such as mold and pests, and pushed for an open data initiative to make housing inspection records publicly available.

“We don’t really want to believe this is happening,” Paloma Pavel, president of Earth House Center and cofounder of Breakthrough Communities, said of the investigation against Bhatia and his subsequent departure. Patel and cofounder Carl Anthony, both former directors of the Ford Foundation, authored a book and created a nonprofit dedicated to advancing environmental justice and regional health equity.

“It’s a terrific loss for our region’s environmental health,” she said of Bhatia’s departure.

 

Vote “no” on everything

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All this year’s candidates are unopposed incumbents, which is lame. It’s a sign of an unhealthy democracy that we don’t even have a choice. Why isn’t anyone running? The citywide races on this ballot have no term limits and no public financing, so we’re stuck with career politicians until they decide to move on. Even if they’re okay at their jobs, that’s problematic.

We aren’t necessarily opposed to Treasurer Jose Cisneros or City Attorney Dennis Herrera. They each have admirable accomplishments on their résumés, but they aren’t the type of pioneering progressive leaders that we’re comfortable endorsing in uncontested elections — and Herrera has a couple ugly marks on his record (gang injunctions and invalidating a people’s referendum on Bayview/Hunters Point development).

We are, however, strongly opposed to the Guardian’s endorsements of Carmen Chu and Katy Tang. Back in the day, they worked together in Mayor Gavin Newsom’s budget office. Then he appointed Chu as District 4 supervisor and Tang became her legislative aide. Then Mayor Ed Lee appointed Chu as Assessor and it was Tang’s turn to be District 4 supervisor.

Are you sensing a trend? If Tang goes on to serve two full terms, the Sunset will go from 2007 until 2022 without a contested election. That’s crazy pants!

Odds are that will also mean 15 years without the District 4 supe ever disagreeing with the mayor. Chu was on the opposite side of virtually every contested vote The League has ever cared about: free Muni for youth, the Sit-Lie law, increasing the hotel tax, Election Day voter registration, and CleanPowerSF.

Tang hasn’t been around long, but she’s already voted against CleanPowerSF and carried the mayor’s water by trying to weaken John Avalos’s Due Process for All ordinance. She attempted to insert exceptions that would’ve made undocumented San Franciscans unsure if they could call the police without risking family members’ deportation. When she used the fearmongering image of the city becoming a “safe haven for criminals,” she was rightfully booed by hundreds of immigration and domestic violence advocates in the audience.

And then there’s the golden rule of politics: Follow the money! Chu and Tang have racked up over $150,000 each. Huge chunks of that money come from developers, property managers, consultants, and others looking to strike it rich with land use deals approved by the new board.

That’s especially troubling for Assessor-Recorder Chu. She’s responsible for assessing property taxes, most of which come from skyscrapers downtown. She should be all up in the business of those corporations: Every time a building changes hands or a company’s ownership changes, the company owes a real estate transfer tax. But Chu is buddy-buddy with the Building Owners and Managers Association, taking piles of cash from the real estate industry. That sucks.

This business of the mayor appointing his buddies who then go on to win uncontested races has got to stop. It’s troubling that the mayor — our executive branch — unilaterally fills out our legislative branch. Hello? Did the folks writing our City Charter ever hear of “checks and balances?”

We think all mayoral appointees should be placeholders, legally prohibited from running in the following election. None of this pledging not to run and then “changing your mind” (we’re looking at you, Ed Lee). That reform would be a proposition we could say yes to — and a welcome change of pace from this November’s ballot.

The San Francisco League of Pissed Off Voters is an all-volunteer local chapter of the National League of Young Voters.

BEST OF THE BAY 2013: LOCAL HEROES

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Bruce Brugmann, Jean Dibble, and Tim Redmond

The San Francisco Bay Guardian — which has had a significant impact on the Bay Area’s cultural and political dynamics and dialogue over the last 47 years — was largely the creation of three people with complementary skills and perspectives, an amalgam that gave the Guardian its voice and longevity.

Although they are no longer involved with running the paper, we’re honoring their contribution and legacy with a form of recognition they created: a Local Hero Award in our Best of the Bay issue, an annual edition that has been adopted by almost every alt-weekly in the country.

Bruce Brugmann and Jean Dibble launched the Guardian in October 1966 after years of planning by the married couple, and they ran it as co-publishers until the paper’s sale to the San Francisco Newspaper Co. last year, with Dibble running the business side and Brugmann in charge of editorial and serving as its most public face.

“We were one of the few husband and wife newspaper teams, a real mom and pop operation,” Brugmann told us. “We couldn’t have done it without the two of us, we needed both of our skill sets.”

They met in 1956 at the University of Nebraska, where Brugmann studied journalism and served as editor of the Daily Nebraskan, starting his long career as journalistic rabble-rouser. Dibble studied business, which she would continue in graduate school at Harvard University’s Radcliffe College while Brugmann got a master’s in journalism at Columbia University.

As graduation neared, they started talking about forming a newspaper together, an idea that percolated while Brugmann served in the US Army, where he wrote for Stars and Stripes, and Dibble moved to San Francisco with their two kids to work in personnel and administrative positions.

After the Army, they settled in Wisconsin, where Brugmann worked as a reporter for the Milwaukee Journal before moving to the Bay Area to work on launching the Guardian while Brugmann supported the family working for the Redwood City Tribune.

“We came out here with the idea of doing it and we immediately started planning. Jean did the prospectus, a damn good prospectus,” Brugmann said.

The Guardian published sporadically in the beginning, but it tapped into a vibrant counterculture that was clashing with the establishment and began publishing important articles highlighting inequities in the Vietnam War draft and exposing local political scandals, including how Pacific Gas & Electric illegally acquired its energy monopoly.

“A lot of it was just keep your head down and keep going,” Dibble said. “We never talked about alternatives, it was just what we were going to do.” The Guardian covered the successful revolts against new freeways in the city and plans to build Manhattan-style skyscrapers, publishing the book The Ultimate Highrise in 1971. In the mid-’70s, the Guardian won a successful unfair competition lawsuit against the Chronicle and the Examiner over their joint operating agreement, allowing the paper to become a free newsweekly. “Eventually, things got better, and we got some large advertisers in the ’80s and they really helped kick us off,” Dibble said. That was also when Tim Redmond, a journalist and activist steeped in radical politics, started writing for the Guardian, going on to serve as the paper’s executive editor and guiding voice for more than 30 years. “Tim was always more radical than I was,” Brugmann said, giving Redmond credit for the Guardian’s groundbreaking coverage of tenant, environmental, and economic justice issues. “Every publisher needs an editor who was more radical than they are to push them.” The two journalists had a prolific partnership, mentoring a string of journalists who would go on to national acclaim, turning the Guardian into a model for alt-weeklies across the country, exposing myriad scandals and emerging arts and cultural trends, and helping to write and pass the nation’s strongest local Sunshine Ordinance. “We always wanted to make things better,” Brugmann said of what drove the Guardian. “Even the battles that we lost, we got major concessions. Yerba Buena is much better because of the stories we did at the time, same thing with Mission Bay…San Francisco is much better that we were here. And we’re really proud and we appreciate the work of the current Guardian staff in keeping the Guardian flame alive.”

 

LOCAL HEROES: Kate Kendell

The night Proposition 8 passed was one of the hardest of Kate Kendell’s life. She remembers it with startling detail — and she should, because she was one of the most prominent opponents of the measure to overturn marriage equality in California.

“I was hopeful right up until the end that Prop. 8 would be defeated,” she said, speaking slowly as she pulled her thoughts from what sounded like a dark place. “Our initial polling numbers said we’d probably lose, but I really hoped in the deepest heart of my heart that when people got in there that they’d punch their vote in favor of the person they knew.”

But as the voters of California showed in that 2008 election, sometimes the good guys lose.

Kendell, executive director of the National Center for Lesbian Rights, fought the good fight since she started there in 1994. The NCLR litigates, creates policy, and performs outreach for LGBT civil rights on a national level, with headquarters in San Francisco. After years of anticipation, she poured herself into the campaign against the proposition that would make her marriage illegal, and then the measure passed.

That night she hung her head in disbelief. She felt physically ill, and her mind roiled in grief equaled only by the death of one of her parents. “It felt like that,” she said.

Kendell and her wife, Sandy, went home without speaking a word, and when she got in the door she tried to pull it together. Steeling herself to face her family, Kendell walked out of the bathroom and burst into tears. Her son said simply “this just means we have to fight more.”

So she did, and we all won.

That led to the moment for which Kendell may be remembered for a long time to come. When Prop. 8 was overturned by the US Supreme Court this year, a flock of San Francisco politicians descended the steps inside the rotunda at City Hall. Kendell took to the podium and spoke to the nation.

“My name is Kate Kendell with the National Center for Lesbian Rights,” she said, “and fuck you, Prop. 8!” The crowd erupted into cheers.

She regrets saying it now, but history will likely forgive her for being human. For someone whose own marriage’s validity was threatened and who spent two decades fighting for equality, she earned a moment of embarrassing honesty.

Kendell’s infamous declaration may be how she’s known, but one of her key decisions behind the scenes shaped the LGBT equality movement as well. When then-Mayor Gavin Newsom’s administration wanted a couple to be the first in his round of renegade gay marriages in 2004, it was Kendell who suggested Del Martin and Phyllis Lyon.

The two were in a relationship since 1953, pioneers of LGBT activism in San Francisco. Kendell said it was only right that they were first to read their vows in the city they helped shape. “Were it not for their contributions, visibility, and courage in the ’50s and ’60s, we wouldn’t be in that room with Newsom contemplating marriage licenses,” she said. “I’m just happy they said yes. It was absolutely appropriate.” And it’s with that sense of history that she herself pioneers forward, pushing in states across the US what Harvey Milk fought for in California — workplace protections for the LGBT community. “In 38 states, you can be fired from your job or being lesbian, gay, bisexual, or transgender. That has to change,” she said. “When the next chapter of history is written, it will be about a nation that treats the LGBT community as equals.”

 

Theo Ellington

Last year, when San Francisco Mayor Ed Lee floated the idea of implementing stop-and-frisk, a practice that many civil rights advocates say amounts to racial profiling, Theo Ellington stepped up to create a Change.org petition to oppose the idea — and won.

The policy would have given San Francisco police officers the authority to stop and search any individual who “looks suspicious,” in an effort to get guns off the streets.

“I found it was basically a predatory policing practice that didn’t belong in a city like San Francisco,” Ellington told us. His petition garnered a little more than 2,300 signatures, “enough to show policymakers we were paying attention,” he guesses. Faced with mounting pressure and a community outcry, Lee ultimately abandoned the idea.

“That was a win, I think, for everyone fighting for what’s really a civil right,” the 25-year-old, native San Franciscan told us in a recent phone interview. “It’s not a black issue or a white issue,” but it did strike a nerve and provide Ellington with some momentum for coalition building.

Ellington was born and raised in San Francisco’s Bayview Hunters Point neighborhood, home to a significant portion of the city’s dwindling black population. The campaign against stop-and-frisk helped catalyze his still-evolving political organization, the Black Young Democrats of San Francisco, of which he is president.

Go to BYDSF’s website and you’re confronted with some startling statistics about the experience of black San Franciscans: In the last 20 years, the African American community has dwindled to only 6 percent of the city’s population; meanwhile, the high school dropout rate stands at 38 percent, the unemployment rate is 18 percent, and the level of poverty stands at a disheartening 20 percent.

To tackle these looming challenges, BYDSF now faces the hurdle of getting local elected officials to care. “Since then, we have been trying to build our membership and figure out where we fit in the political climate of SF,” Ellington says.

His group’s chief concerns include closing the achievement gap in San Francisco public schools, doing something about the escalating cost of housing, and finding better solutions for public transit. “There’s the housing need, obviously. It’s a need that working class folks in general are facing,” he said.

He’s pursing a master’s degree in urban affairs at the University of San Francisco, and says he’s taken it upon himself to learn everything he can about how cities operate. To that end, he often ponders vexing questions: “How do you figure out a way to give those same opportunities to everyone? How do you provide opportunities for all income levels?”

His successful opposition campaign to stop-and-frisk didn’t stop Mayor Lee from appointing him to the Commission on Community Investment and Infrastructure, which oversees the successor to the San Francisco Redevelopment Agency. A major project under that body’s purview is the Hunters Point Shipyard development, a massive undertaking led by construction firm Lennar Urban, practically in Ellington’s backyard. Having grown up in the neighborhood, he sees himself as being in a unique position to ensure that the developers are providing jobs for local residents as required under the agreement. “It allows me to speak to both sides — on the community level, and in City Hall,” he said. “There are certain social dynamics you won’t understand unless you have lived in the community.” Ultimately, Ellington says, his goal is to push local politicians to find ways of making San Francisco a place where people of all income levels can find their way. “There’s a lot more work to do,” he said. “I think San Francisco is at a real pivotal point, where we can choose to go in the right direction … or we can choose the opposite.”

 

LOCAL HEROES: Shanell Williams

Shanell Williams is a chameleon activist, spearheading the effort to save City College of San Francisco from many fronts.

When City College fought off a statewide initiative to save money by stigmatizing struggling students, she defended the school as an Occupy activist. With a banner raised high, she faced down the California Community College Board of Governors, shouting their wrongs aloud at a meeting attended by hundreds. The board was stunned but her fellow activists were not, because that’s who Williams is: an uncompromising defender of San Francisco.

Now, as City College faces a fight for its existence, Williams is defending it again, this time as a duly elected CCSF student trustee.

Williams is at the forefront of Save CCSF, an Occupy-inspired group publicly protesting the Accrediting Commission of Community and Junior Colleges, the body trying to shut down City College. San Francisco is holding its breath until next July to hear if the accrediting commission will close the city’s only community college — and Williams was one of the key organizers helping students’ voices rise up to decry the decision to close the school.

She has reason to fight hard, growing up watching her community ravaged by those in power who purported to do good. She is a black woman and San Francisco native raised in the Fillmore and the long history of redevelopment and its role in the flight of The City’s African American population shaped her ethos. To Williams, there are forces that care about money at the expense of communities and those forces need to be fought.

“How are we supporting people to have a decent quality of life?” she said, and that’s the way she’s approached saving her community since a young age.

In 2003, while in high school, Williams got a taste of politicking as a member of San Francisco’s Youth Commission, appointed by then-Mayor Willie Brown. “I think he’s a very interesting character with a lot of influence over the city,” she said, with just an edge of steel to her voice.

As a teenaged politician, she discovered the work of the Human Rights Commission and was inspired. While a student of Washington High School and then Wallenberg High, she had a tough home life and entered the foster care system, getting a firsthand look at how the state takes care of its youth.

It galvanized her, honed her, and made her yearn for change. “I just innately had a sense of wanting to see justice and fairness,” she said.

Energized, she joined the Center for Young Women’s Development, the Youth Treatment Education Court, Urban Services YMCA, the Youth Leadership Institute, and more. She joined so many organizations and taught so many youth and government officials that even she can’t remember all of them off the top of her head.

At one point, she even taught judges across the country about cultural competency. “We had this whole spoken word performance thing we did,” she said, laughing.

In 2010, as Williams took classes at City College, she waved the banner defending San Francisco’s community college students. She pushed for city-level minimum wage requirements for City College workers, who earned dollars less. She also pushed back against state requirements to cut off priority registrations to those who took too long in the community college system — because she’s been there herself.

“They need a few chances to get it right and become a good student,” she said. When the struggle to save City College is done, win or lose, Williams sees herself remaining an advocate for students for years to come. At 29 years old, she’s still a student herself, and she eagerly awaits the day she’ll transfer to Cal or Stanford as an Urban Studies major. It all comes back to defending her city. “We have to broaden the movement,” she said. “The enemy is not about color, it’s about wealth inequality. It’s not just about City College either. It’s about the austerity regime that doesn’t care about working class people and poor folks.”

 

San Franciscans for Healthcare, Jobs, and Justice

When the San Francisco Mayor’s Office cut a deal with Sutter Health and its California Pacific Medical Center affiliate for an ambitious rebuild of hospital facilities — which would shape healthcare services in San Francisco for years to come — community activists began to find serious flaws in the proposal.

So they organized and banded together into a coalition to challenge the powerful players pushing the plan, eventually helping to hash out a better agreement that would benefit all San Franciscans. Representing an alliance between labor and community advocates, the coalition was called San Franciscans for Healthcare, Jobs, and Justice.

When the whole affair began, it seemed as if the CPMC rebuild would incorporate a host of community benefits — but those promises evaporated after the healthcare provider walked away from the negotiating table, unhappy with the terms.

Then a second agreement, with much weaker public benefits, came out of a second round of talks between CPMC and the Mayor’s Office. But by then, so much had been given up that “we were stunned,” said Calvin Welch, who joined the coalition on behalf of the Council of Community Housing Organizations. “We met with [Mayor Ed Lee] and told him, this is absolutely unacceptable.”

But the mayor wasn’t willing to address their concerns at that time. When the deal failed to win approval after a series of hearings at the Board of Supervisors, however, “the unacceptable deal that the mayor created melted in the sun of full disclosure,” Welch said.

That plan would have allowed St. Luke’s Hospital, a critically important facility for low-income patients, to shrink to just 80 beds with no guarantee that it would stay open in the long run. CPMC’s commitment to providing charitable care to the uninsured was disappointingly low. And while the project was expected to create 1,500 permanent jobs in San Francisco, the deal only guaranteed that 5 percent of those positions would go to existing San Francisco residents.

Enter the movers and shakers with San Franciscans for Healthcare, Housing, Jobs, and Justice. The coalition took its place at the negotiating table, along with CPMC, a mediator, and an unlikely trio of supervisors that included Board President David Chiu and Sups. David Campos and Mark Farrell. Over several months, the coalition put in some serious time and energy to push for a more equitable outcome.

“We pushed so hard for a smaller Cathedral Hill [Hospital] and a larger St. Luke’s,” Welch said, describing their strategy to safeguard against the closure of St. Luke’s. They also pushed for CPMC to make a better funding contribution toward affordable housing, a stronger guarantee for hiring San Franciscans at the new medical center, and improvements to transit and pedestrian safety measures as conditions of the deal.

Under the terms that were ultimately approved, St. Luke’s will remain a full-service hospital, and CPMC will commit to providing services to 30,000 “charity care” patients and 5,400 Medi-Cal patients per year.

CPMC also agreed to contribute $36.5 million to the city’s affordable housing fund, and promised to pay $4.1 million to replace homes it displaces on Cathedral Hill. Under the revised deal, 30 percent of construction jobs and 40 percent of permanent entry-level positions in the new facilities would be promised to San Francisco residents.

One of the greatest victories of all, Welch said, was how well coalition members worked together. “This was the most straight-up equal collaboration with labor and community people, equally supporting one another, that I’ve ever been involved with,” Welch said. Even though they were motivated to participate by different sets of concerns, the two sides remained mutually supportive, Welch said. During the long, grueling hearings, “The nurses never left,” he noted in amazement. “The nurses stuck around for all the community stuff.”

 

Photos by Evan Ducharme

Endorsements 2013

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We’re heading into a lackluster election on Nov. 5. The four incumbents on the ballot have no serious challengers and voter turnout could hit an all-time low. That’s all the more reason to read up on the issues, show up at the polls, and exert an outsized influence on important questions concerning development standards and the fate of the city’s waterfront, the cost of prescription drugs, and the long-term fiscal health of the city.

 

PROP. A — RETIREE HEALTH CARE TRUST FUND

YES

Note: This article has been corrected from an earlier version, which incorrectly stated that Prop A increases employee contributions to health benefits.

Throughout the United States, the long-term employee pension and health care obligations of government agencies have been used as wedge issues for anti-government activists to attack public employee unions, even in San Francisco. The fiscal concerns are real, but they’re often exaggerated or manipulated for political reasons.

That’s one reason why the consensus-based approach to the issue that San Francisco has undertaken in recent years has been so important, and why we endorse Prop. A, which safeguards the city’s Retiree Health Care Trust Fund and helps solve this vexing problem.

Following up on the consensus pension reform measure Prop. B, which increased how much new city employees paid for lifetime health benefits, this year’s Prop. A puts the fund into a lock-box to ensure it is there to fund the city’s long-term retiree health care obligations, which are projected at $4.4 billion over the next 30 years.

“The core of it says you can’t touch the assets until it’s fully funded,” Sup. Mark Farrell, who has taken a lead role on addressing the issue, told us. “The notion of playing political football with employee health care will be gone.”

The measure has the support of the entire Board of Supervisors and the San Francisco Labor Council. Progressive Sup. David Campos strongly supports the measure and he told us, “I think it makes sense and is something that goes beyond political divides.”

There are provisions that would allow the city to tap the fund in emergencies, but only after it is fully funded or if the mayor, controller, the Trust Board, and two-thirds of the Board of Supervisors signs off, a very high bar. So vote yes and let’s put this distracting issue behind us.

 

PROP. B — 8 WASHINGTON SPECIAL USE DISTRICT

NO, NO, NO!

Well-meaning people can arrive at different conclusions on the 8 Washington project, the waterfront luxury condo development that was approved by the Board of Supervisors last year and challenged with a referendum that became Prop. C. But Prop. B is simply the developer writing his own rules and exempting them from normal city review.

We oppose the 8 Washington project, as we explain in our next endorsement, but we can understand how even some progressive-minded people might think the developers’ $11 million affordable housing and $4.8 million transit impact payments to the city are worth letting this project slide through.

But Prop. B is a different story, and it’s something that those who believe in honesty, accountability, and good planning should oppose on principle, even if they support the underlying project. Contrary to the well-funded deceptions its backers are circulating, claiming this measure is about parks, Prop. B is nothing more than a developer and his attorneys preventing meaningful review and enforcement by the city of their vague and deceptive promises.

It’s hard to know where to begin to refute the wall of mendacity its backers have erected to fool voters into supporting this measure, but we can start with their claim that it will “open the way for new public parks, increased access to the Embarcadero Waterfront, hundreds of construction jobs, new sustainable residential housing and funding for new affordable housing.”

There’s nothing the public will get from Prop. B that it won’t get from Prop. C or the already approved 8 Washington project. Nothing. Same parks, same jobs, same housing, same funding formulas. But the developer would get an unprecedented free pass, with the measure barring discretionary review by the Planning Department — which involves planners using their professional judgment to decide if the developer is really delivering what he’s promising — forcing them to rubber-stamp the myriad details still being developed rather than acting as advocates for the general public.

“This measure would also create a new ‘administrative clearance’ process that would limit the Planning Director’s time and discretion to review a proposed plan for the Site,” is how the official ballot summary describes that provision to voters.

Proponents of the measure also claim “it empowers voters with the decision on how to best utilize our waterfront,” which is another deception. Will you be able to tweak details of the project to make it better, as the Board of Supervisors was able to do, making a long list of changes to the deal’s terms? No. You’re simply being given the opportunity to approve a 34-page initiative, written by crafty attorneys for a developer who stands to make millions of dollars in profits, the fine details of which most people will never read nor fully understand.

Ballot box budgeting is bad, but ballot box regulation of complex development deals is even worse. And if it works here, we can all expect to see more ballot measures by developers who want to write their own “special use district” rules to tie the hands of planning professionals.

When we ask proponents of this measure why they needed Prop. B, they claimed that Prop. C limited them to just talking about the project’s building height increases, a ridiculous claim for a well-funded campaign now filling mailers and broadcast ads with all kinds of misleading propaganda.

With more than $1 million and counting being funneled into this measure by the developer and his allies, this measure amounts to an outrageous, shameless lie being told to voters, which Mayors Ed Lee and Gavin Newsom have shamefully chosen to align themselves with over the city they were elected to serve.

As we said, people can differ on how they see certain development deals. But we should all agree that it’s recipe for disaster when developers can write every last detail of their own deals and limit the ability of professional planners to act in the public interest. Don’t just vote no, vote hell no, or NO, No, no!

 

PROPOSITION C — 8 WASHINGTON REFERENDUM

NO

San Francisco’s northeastern waterfront is a special place, particularly since the old Embarcadero Freeway was removed, opening up views and public access to the Ferry Building and other recently renovated buildings, piers, and walkways along the Embarcadero.

The postcard-perfect stretch is a major draw for visiting tourists, and the waterfront is protected by state law as a public trust and overseen by multiple government agencies, all of whom have prevented development of residential or hotel high-rises along the Embarcadero.

Then along came developer Simon Snellgrove, who took advantage of the Port of San Francisco’s desperate financial situation, offered to buy its Seawall Lot 351 and adjacent property from the Bay Club at 8 Washington St., and won approval to build 134 luxury condos up to 12 stories high, exceeding the city’s height limit at the site by 62 percent.

So opponents challenged the project with a referendum, a rarely used but important tool for standing up to deep-pocketed developers who can exert an outsized influence on politicians. San Franciscans now have the chance to demand a project more in scale with its surroundings.

The waterfront is supposed to be for everyone, not just those who can afford the most expensive condominiums in the city, costing an average of $5 million each. The high-end project also violates city standards by creating a parking space for every unit and an additional 200 spots for the Port, on a property with the best public transit access and options in the city.

This would set a terrible precedent, encouraging other developers of properties on or near the waterfront to also seek taller high-rises and parking for more cars, changes that defy decades of good planning work done for the sensitive, high-stakes waterfront.

The developers would have you believe this is a battle between rival groups of rich people (noting that many opponents come from the million-dollar condos adjacent to the site), or that it’s a choice between parks and the surface parking lot and ugly green fence that now surrounds the Bay Club (the owner of which, who will profit from this project, has resisted petitions to open up the site).

But there’s a reason why the 8 Washington project has stirred more emotion and widespread opposition that any development project in recent years, which former City Attorney Louise Renne summed up when she told us, “I personally feel rich people shouldn’t monopolize the waterfront.”

A poll commissioned by project opponents recently found that 63 percent of respondents think the city is building too much luxury housing, which it certainly is. But it’s even more outrageous when that luxury housing uses valuable public land along our precious waterfront, and it can’t even play by the rules in doing so.

Vote no and send the 8 Washington project back to the drawing board.

 

PROP. D — PRESCRIPTION DRUG PURCHASING

YES

San Francisco is looking to rectify a problem consumers face every day in their local pharmacy: How can we save money on our prescription drugs?

Prop. D doesn’t solve that problem outright, but it mandates our politicians start the conversation on reducing the $23 million a year the city spends on pharmaceuticals, and to urge state and federal governments to negotiate for better drug prices as well.

San Francisco spends $3.5 million annually on HIV treatment alone, so it makes sense that the AIDS Healthcare Foundation is the main proponent of Prop. D, and funder of the Committee on Fair Drug Pricing. Being diagnosed as HIV positive can be life changing, not only for the health effects, but for the $2,000-5,000 monthly drug cost.

Drug prices have gotten so out-of-control that many consumers take the less than legal route of buying their drugs from Canada, because our neighbors up north put limits on what pharmaceutical companies can charge, resulting in prices at least half those of the United States.

The high price of pharmaceuticals affects our most vulnerable, the elderly and the infirm. Proponents of Prop. D are hopeful that a push from San Francisco could be the beginning of a social justice movement in cities to hold pharmaceutical companies to task, a place where the federal government has abundantly failed.

Even though Obamacare would aid some consumers, notably paying 100 percent of prescription drug purchases for some Medicare patients, the cost to government is still astronomically high. Turning that around could start here in San Francisco. Vote yes on D.

 

ASSESSOR-RECORDER

CARMEN CHU

With residential and commercial property in San Francisco assessed at around $177 billion, property taxes bring in enough revenue to make up roughly 40 percent of the city’s General Fund. That money can be allocated for anything from after-school programs and homeless services to maintaining vital civic infrastructure.

Former District 4 Sup. Carmen Chu was appointed by Mayor Ed Lee to serve as Assessor-Recorder when her predecessor, Phil Ting, was elected to the California Assembly. Six months later, she’s running an office responsible for property valuation and the recording of official documents like property deeds and marriage licenses (about 55 percent of marriage licenses since the Supreme Court decision on Prop. 8 have been issued to same-sex couples).

San Francisco property values rose nearly 5 percent in the past year, reflecting a $7.8 billion increase. Meanwhile, appeals have tripled from taxpayers disputing their assessments, challenging Chu’s staff and her resolve. As a district supervisor, Chu was a staunch fiscal conservative whose votes aligned with downtown and the mayor, so our endorsement isn’t without some serious reservations.

That said, she struck a few notes that resonated with the Guardian during our endorsement interview. She wants to create a system to automatically notify homeowners when banks begin the foreclosure process, to warn them and connect them with helpful resources before it’s too late. Why hasn’t this happened before?

She’s also interested in improving system to capture lost revenue in cases where property transfers are never officially recorded, continuing work that Ting began. We support the idea of giving this office the tools it needs to go out there and haul in the millions of potentially lost revenue that property owners may owe the city, and Chu has our support for that effort.

 

CITY ATTORNEY

DENNIS HERRERA

Dennis Herrera doesn’t claim to be a progressive, describing himself as a good liberal Democrat, but he’s been doing some of the most progressive deeds in City Hall these days: Challenging landlords, bad employers, rogue restaurants, PG&E, the healthcare industry, opponents of City College of San Francisco, and those who fought to keep same-sex marriage illegal.

The legal realm can be more decisive than the political, and it’s especially effective when they work together. Herrera has recently used his office to compel restaurants to meet their health care obligations to employees, enforcing an earlier legislative gain. And his long court battle to defend marriage equality in California validated an act by the executive branch.

But Herrera has also shown a willingness and skill to blaze new ground and carry on important regulation of corporate players that the political world seemed powerless to touch, from his near-constant legal battles with PG&E over various issues to defending tenants from illegal harassment and evictions to his recent lawsuit challenging the Accreditation Commission of Community and Junior Colleges over its threats to CCSF.

We have issues with some of the tactics his office used in its aggressive and unsuccessful effort to remove Sheriff Ross Mirkarimi from office. But we understand that is was his obligation to act on behalf of Mayor Ed Lee, and we admire Herrera’s professionalism, which he also exhibited by opposing the Central Subway as a mayoral candidate yet defending it as city attorney.

“How do you use the power of the law to make a difference in people’s lives every single day?” was the question that Herrera posed to us during his endorsement interview, one that he says is always on his mind.

We at the Guardian have been happy to watch how he’s answered that question for nearly 11 years, and we offer him our strong endorsement.

 

TREASURER/TAX COLLECTOR

JOSE CISNEROS

It’s hard not to like Treasurer/Tax Collector Jose Cisneros. He’s charming, smart, compassionate, and has run this important office well for nine years, just the person that we need there to implement the complicated, voter-approved transition to a new form of business tax, a truly gargantuan undertaking.

Even our recent conflicts with Cisneros — stemming from frustrations that he won’t assure the public that he’s doing something about hotel tax scofflaw Airbnb (see “Into thin air,” Aug. 6) — are dwarfed by our understanding of taxpayer privacy laws and admiration that Cisneros ruled against Airbnb and its ilk in the first place, defying political pressure to drop the rare tax interpretation.

So Cisneros has the Guardian’s enthusiastic endorsement. He also has our sympathies for having to create a new system for taxing local businesses based on their gross receipts rather than their payroll costs, more than doubling the number of affected businesses, placing them into one of eight different categories, and applying complex formulas assessing how much of their revenues comes from in the city.

“This is going to be the biggest change to taxes in a generation,” Cisneros told us of the system that he will start to implement next year, calling the new regime “a million times more complicated than the payroll tax.”

Yet Cisneros has still found time to delve into the controversial realm of short-term apartment sublets. Although he’s barred from saying precisely what he’s doing to make Airbnb pay the $1.8 million in Transient Occupancy Taxes that we have shown the company is dodging, he told us, “We are here to enforce the law and collect the taxes.”

And Cisneros has continued to expand his department’s financial empowerment programs such as Bank on San Francisco, which help low-income city residents establish bank accounts and avoid being gouged by the high interest rates of check cashing outlets. That and similar programs are now spreading to other cities, and we’re encouraged to see Cisneros enthusiastically exporting San Francisco values, which will be helped by his recent election as president of the League of California Cities.

 

SUPERVISOR, DIST. 4

KATY TANG

With just six months on the job after being appointed by Mayor Ed Lee, Sup. Katy Tang faces only token opposition in this race. She’s got a single opponent, accountant Ivan Seredni, who’s lived in San Francisco for three years and decided to run for office because his wife told him to “stop complaining and do something,” according to his ballot statement.

Tang worked in City Hall as a legislative aide to her predecessor, Carmen Chu, for six years. She told us she works well with Sups. Mark Farrell and Scott Wiener, who help make up the board’s conservative flank. In a predominantly Chinese district, where voters tend to be more conservative, Tang is a consistently moderate vote who grew up in the district and speaks Mandarin.

Representing the Sunset District, Tang, who is not yet 30 years old, faces some new challenges. Illegal “in-law” units are sprouting up in basements and backyards throughout the area. This presents the thorny dilemma of whether to crack down on unpermitted construction — thus hindering a source of housing stock that is at least within reach for lower-income residents — look the other way, or “legalize” the units in an effort to mitigate potential fire hazards or health risks. Tang told us one of the greatest concerns named by Sunset residents is the increasing cost of living in San Francisco; she’s even open to accepting a little more housing density in her district to deal with the issue.

Needless to say, the Guardian hasn’t exactly seen eye-to-eye with the board’s fiscally conservative supervisors, including Tang and her predecessor, Chu. We’re granting Tang an endorsement nevertheless, because she strikes us as dedicated to serving the Sunset over the long haul, and in touch with the concerns of young people who are finding it increasingly difficult to gain a foothold in San Francisco.

On its fifth anniversary, Sunday Streets offers a lesson in urban experimentation

48

It’s hard to believe that Sunday Streets — San Francisco’s version of the ciclovia, or temporary closure of streets to cars as a way of opening up more urban space for pedestrians, cyclists, skaters, performers, and loungers — is five years old. It’s even harder to believe that this family-friendly event was once controversial, especially feared by the businesses that now clamor to hold them in their neighborhoods.

But it was, and that’s a great reminder that ideas that disrupt the status quo and seem quite radical and unsettling can embody just what The City needs to feel like, well, a city, a place with people mix and mingle and get to know one another in the streets, strips that can become important social spaces and not simply conduits for cars.

“Sunday Streets provides the opportunity for recreation and activity in neighborhoods all across San Francisco,” Sunday Streets Director Susan King of Livable City told us. “Each community it’s in is helped with health and economic benefits and the easing of community cohesion.”

This Tuesday, Sept. 17, the folks from Sunday Streets will be hosting a fundraiser and celebration at Cityview, atop the Metreon, in honor of the hard work that has been put into various Sunday Streets events around the city throughout the years. The event will feature speeches, snacks, an open bar, a raffle, live entertainment, and other hoopla.

Among those being honored at the event will Lt. Gov. Gavin Newsom, who as mayor worked with alternative transportation activists from Livable City (the event’s main sponsor), the San Francisco Bicycle Coalition, and other groups — including a large contingent that attended the first ciclovia in the US, in Portland, during the Toward Carfree Cites conference in 2008 (which we at the Guardian covered) — to create Sunday Streets.

At the time, the business-friendly Newsom stood up to opposition from merchants in Fishermans Wharf and Pier 39, and both progressive and conservative supervisors looking for a way to tweak the mayor, to help become one of the first cities in the US adopt the ciclovia model that had been pioneered in Bogota, Columbia, and which has now spread to cities around the world.
“We really have to thank former Mayor Gavin Newsom for instigating Sunday Streets,” King said. “Without him, Sunday Streets in San Francisco wouldn’t exist.”

First hosted in the late summer of 2008, King has overseen Sunday Streets since its inception, hustling up fiscal sponsors and volunteer support like a whirling dervish the whole time. 

“There’s so much that goes into Sunday Streets,” King said. “I had no idea that it would get to where it is now.”

The anniversary event costs $50 and lasts from to 6 to 10 p.m. Proceeds will go to future Sunday Streets events.

This year there have been Sunday Streets in a handful of neighborhoods, making appearances in the Embarcadero, Mission, Bayview, Great Highway, Tenderloin, and Western Addition. There are two more Sunday Streets scheduled this year in the Excelsior (Sept. 29) and the Richmond (Oct. 27) districts.

 

Waiting to connect

10

news@sfbg.com

Eight years ago, San Francisco almost gave away an enormously lucrative public utility to Google and Earthlink: a citywide Wi-Fi connection. The hastily drawn up plan was championed by then-Mayor Gavin Newsom after a Google executive pitched him on the idea of citywide wireless Internet access at a dinner party.

Google’s Wi-Fi scheme would have blanketed the city with coverage, but it would also have required users to obtain Google accounts to sign in, thereby facilitating the company’s vacuum-like data harvesting practices that suck up everything from search queries and emails to the geographic locations of smartphones and tablets. Google’s Wi-Fi plan would have allowed the tech giant to insert “prioritized placement” of ads and brands into a Wi-Fi user’s feed, limiting choice of content through profit-driven algorithms.

The Electronic Frontier Foundation, ACLU of Northern California, Electronic Privacy Information Center, and we at the Bay Guardian all criticized the plan (see “Tech Disconnect,” 11/9/05). Earthlink, Google’s partner in the privatization deal, nearly went bankrupt in 2007 and the company bailed on the Wi-Fi proposal. That was the end of the city’s first Wi-Fi scheme. Thousands of free networks in cafes and hotels popped up in the meantime, leading many to question the purpose of building municipal Wi-Fi.

But municipal Wi-Fi is back. Sup. Mark Farrell and Mayor Ed Lee announced recently that free Wi-Fi is coming to 31 San Francisco parks. Google is involved yet again, but officials in the city’s Department of Technology say that the network will be not be controlled by Google, nor directly susceptible to privacy invasions by the “don’t be evil” company or its affiliates. In short, it will be a public utility.

 

PUBLIC UTILITY

“I think a lot of the prior debate around free Wi-Fi in San Francisco that never moved forward was because of different questions around business models,” Farrell told us. “To emphasize, this is a free gift [from Google] of financial benefit to the city of San Francisco with no strings attached.”

For the parks, Google has agreed to give a $600,000 contribution to fund Wi-Fi installation and two years of operation. Farrell said this is the company’s only role. There will be no Google hardware or software allowing the company to devour user data or steer traffic.

San Francisco’s reinvigorated push to build out public Wi-Fi comes just as major telecom companies and Internet giants like Google are again targeting large Wi-Fi networks for privatization. In the late 2000s, many tech companies abandoned Wi-Fi services as unprofitable. Telecom companies were busy expanding their cellphone infrastructure.

But thanks to the proliferation and technical advances of smartphones, cellular networks are now choking on megabits of traffic. Telecom companies see Wi-Fi as a means of offloading mobile traffic onto broadband infrastructure. Google and other companies see Wi-Fi networks as vast troves of consumer data, and airwaves on which to advertise.

Google’s grant for Wi-Fi in San Francisco’s parks comes after months of bad press for the company and the tech sector, including revelations that all of Silicon Valley’s top companies readily cooperated with the NSA’s electronic surveillance programs.

Google also recently paid out $7 million to settle state investigations into its “Wi-Spy” data collection activities: wireless receivers hidden in Google’s Street View vehicles sopped up communications data, including passwords and even email content, from millions of networks in the United States and Europe. Beside Google’s numerous spying scandals, the company has also come under criticism for aggressively avoiding federal taxes, and locally for its impact on San Francisco’s transportation and housing problems.

If the $600,000 gift is designed to bolster Google’s image as a good corporate citizen, it probably also makes good business sense. “Thousands of Googlers live and work in SF,” said Jenna Wandres, a spokesperson for the company replied to our inquiries by email.

Marc Touitou, director of the city’s Department of Technology, told us the park Wi-Fi system will be entirely the city’s, and that no third party corporation will determine who can use the service or under what terms.

“It’s not a Google network, it’s not a Wi-Fi name from Google. It’s a donation, a gesture,” said Touitou. He added that talks with AT&T to let the company roll out a Wi-Fi network for all of Market Street were recently cut off because his office has decided to build the system as a fully municipal network instead.

 

CORPORATE GIFTS

Touitou’s office has plans to light up free municipal Wi-Fi along the Embarcadero, in the Castro, Noe Valley, and perhaps even on Muni buses in the near future. With the parks, Touitou said the idea is to gain back the confidence of the public, to show that the city can do this on its own. Touitou also said that he hopes the city will budget funds for these Wi-Fi systems so that they’re not reliant on corporate gifts.

“We reserve right to leverage this model where companies can put money in because it’s in their interest,” Touitou said. “They don’t care what name is on the network so long as they can dump their traffic on it.”

A public utility model will allow San Francisco to own and operate Wi-Fi across the city and to allow telecom companies to funnel mobile traffic through the city’s infrastructure, likely for a fee. Touitou said it doesn’t make sense for the city to give away its Wi-Fi infrastructure as it is a limited and increasingly valuable asset.

“The day we sell it would be a sad day,” Touitou added.

He described the city’s two radio towers, 200 buildings, thousands of utility poles, and the fiber optic grid that can connect these as the backbone of a robust municipal wireless network. Telecom and Internet companies will pay to use the infrastructure under this model. Most privacy experts who examined San Francisco’s prior Wi-Fi plans have yet to weigh in on the parks network. Revelations about the NSA’s vast spying programs have consumed the attention of groups like EFF and the ACLU.

Touitou said, however, that the city’s Wi-Fi privacy policies will be strong. “This isn’t a third party network trying to market to you,” explained Touitou. “It’s a city network that wants to facilitate traffic, and we want to have the privacy respected.”

Even as San Francisco plans its next steps with city Wi-Fi, Google is rapidly expanding its own wireless network operations. Already the company controls the citywide Wi-Fi network for Mountain View where the “Googleplex” is located. Google also has Wi-Fi networks scooping up communications in Boston’s South Station and New York’s Chelsea neighborhood. The terms of Google’s Mountain View deal do not limit Google from collecting data, and users are required to sign in with a Google account. Google also recently announced that it will take control over Starbucks’ thousands of Wi-Fi networks, creating a potentially vast trove of consumer data and a marketing platform for both companies. Starbucks has 50 locations in San Francisco.

AT&T, which lost the Starbucks contract to Google, and also lost its bid to take over Market Street’s airwaves, has its own data mining projects that tap the company’s Wi-Fi networks in 30 countries for personal information, and to route telecom traffic.

So even with municipal Wi-Fi, tech and telecom companies will still have ample ability to siphon off communications data straight from wireless networks and hand it to the feds or to advertisers.

“Greyhound therapy” is wrong for Nevada, and San Francisco

22

It’s horribly inhumane and indefensible for Nevada to ship its mentally ill homeless to San Francisco, and City Attorney Dennis Herrera is right to go after that state with a lawsuit aimed at changing that policy and recovering the city’s costs, which he discussed today in a press release and San Francisco Chronicle article.

But San Francisco should have greater moral authority to make this stand than it does, thanks to the Homeward Bound program started by then-Mayor Gavin Newsom and continued by Mayor Ed Lee, a program that gives local homeless individuals a one-way bus ticket out of town.

The Chronicle took pains to say how different San Francisco’s exportation of its homeless is from Nevada’s, noting that we make sure our homeless are stable enough to travel alone and that there’s someone waiting for them on the other side before we send them to the bus station.

Sure, that’s better, but the basic concept is the same and it’s consistent with San Francisco basic approach toward much of its homeless population, for whom the city intentionally limits shelter beds and makes it difficult to get one and treats the resulting street population as a law enforcement issue.

Newsom was elected on his Care Not Cash promise to provide shelter and social services to the homeless, and it certainly did get many people who needed it into supportive housing. But the actual homeless problem is far worse and more systemic than that program (or feel-good gimmicks like Project Homeless Connect) can really address.

San Francisco should be leading the way in calling for this country to address the root causes of homelessness, as well as the related problems of poverty, exploitation of workers and natural resources, and a wasteful economic system that is cooking the planet and its biodiversity.

Instead, we’re leading the way in pushing unsustainable, technology-fueled economic growth with no regard for the byproducts of wealth generation by the privileged few, whether it be giving our homeless one-way bus tickets out of town, forcing our workers and nonprofits to seek reasonable rents elsewhere, undermining hard-won social compromises, or missing our own greenhouse gas reduction goals (today’s Examiner cover story).

We can — and we should — take greater responsibility for our city’s policies and prejudices and work to regain  the moral authority that we need to be an example for other cities and begin to advocate for needed reforms on the national and international levels.  

Real men deconstruct manliness

There was an interesting moment at last night’s Harvey Milk LGBT Democratic Club’s Annual Dinner and Gayla, when Pentagon Papers leaker Daniel Ellsberg, all dolled up in a hot-pink feathered boa, reflected on Pfc. Bradley Manning’s “manliness” during his award acceptance speech on the gay whistleblower’s behalf.

When Manning, who sometimes reportedly self-identified as female and went by Breanna, courageously exposed government secrets, it exemplified what “a real man” would do, Ellsberg said. Yet when Lyndon B. Johnson (disastrously) vowed to forge ahead in Vietnam, it was partly because he feared being seen as “an unmanly man,” he added, all of which throws into question the very concept of masculinity. Earlier this year, Ellsberg and his wife, Patricia, joined the Bradley Manning contingent of the San Francisco Pride Parade to represent Manning following the heated debate over the Pride board’s decision to rescind Manning’s Grand Marshal appointment.

Meanwhile, deconstructing what it means to “be a man” is apparently becoming a thing. On a different end of the spectrum, Jennifer Siebel Newsom, wife of Lt. Gov. Gavin Newsom, surpassed her $80,000 target on Kickstarter for a film delving into the “crisis” surrounding masculinity. The pitch starts with a clip of the Newsoms’ blond, blue-eyed tot, Hunter, while mom questions whether he’ll grow up to be “caring and compassionate” or “a depressed, disconnected portrayal of masculinity.”

We dig the concept and all, but jeez – was it really necessary for an affluent celebrity married to one of the most powerful men in California to use Kickstarter?

Striking Out

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news@sfbg.com

Today marks 1,575 days since concession workers at AT&T Park have had a raise, during which time the San Francisco Giants have been fabulously successful, both on and off the playing field.

The 750 workers represented by UNITE-HERE Local 2 are currently involved in frustrating and fruitless negotiations with their employer, Centerplate, a South Carolina-based food service company contracted by the Giants to sell beer, garlic fries, and other overpriced consumables at games.

The Giants and its front office seem fairly unconcerned about the plight of workers who proudly don the team’s logo and pad its revenues. Not a single concession worker that we interviewed for this article said that they work for Centerplate — each of them said that they work for the Giants.

Since the last contract expired in March 2010, the Giants have won two World Series championships, raised the average ticket price by 20 percent, and have seen the value of the team shoot up by $223 million. The only thing that hasn’t improved are the wages of the concession workers.

Cashiers currently make $16.40 per hour, in-seat runners make $13.40, and some entry-level workers make just $10.45, which is actually less the city’s minimum wage. That’s only legal because those workers were under contract for $10.45 per hour when the wage increased to $10.55 at the beginning of this year. And Centerplate won’t even let Giants workers have a tip jar to augment their substandard wages.

Local 2 reports that revenue from concessions is divided up in a 55-45 split between the team and Centerplate (the Giants PR office disputes this number, but it won’t divulge the actual split). So when a fan spends $17 for a hot dog and 16oz beer, Centerplate and its workers get $7.65 and the Giants get $9.35, all of it pure profit. And the Giants executives even set the concession prices, not Centerplate.

But the team says the plight of these workers isn’t its problem. “We continue to urge both parties to get back to the bargaining table and to have productive discussions so the matter can be resolved as quickly as possible. This dispute is between Centerplate and Local 2, not the Giants,” is the team’s public position on the issue.

The Giants communications office responded with this stance to every question the Guardian asked about the issues involved: What have you done to “urge” Centerplate to settle the contract? Couldn’t the Giants force a settlement if it really wanted to? Why haven’t concessions workers shared in the team’s success and rising revenues? How can you claim to support the community if you can’t even ensure the people who work in your stadium are paid minimum wage?

The Giants had nothing to say about a petition signed by 600 of the workers urging the team and Centerplate to agree to a deal, instituting a company-wide no-comment policy on the standoff with concession workers.

“It would be nice if they would come in and talk—not be a mediator, but to know what we’re asking for and say why they’re not providing it or why they feel they shouldn’t provide certain information,” Billie Feliciano, who has worked as a Giants cashier for more than 30 years, told us. “They could talk to the president of the union on that if they wanted to. You know, we’re not asking you to tell us how you spend your money. We just want to know how much control you have of this situation.”

Feliciano and her fellow workers just want the Giants to be team players.

 

 

WHO’S IN CONTROL?

Contrary to what the Giants may say, there is one pressing issue—job security for the workers—that is nearly impossible for the workers and Centerplate to resolve. Every worker interviewed for this story has explicitly said that job security is their most important goal.

Even Centerplate says only the Giants can offer job security to concession workers. If Centerplate goes out of business or loses its contract, the concession workers will likely lose their jobs, which is why they’re advocating for a succesorship clause that would guarantee their employment in that scenario.

When The Guardian inquired with the Giants office about the issue, its spokesperson once again responded, “This is an issue between the workers and Centerplate, not the Giants.”

But with the Giants controlling who runs its concession and how much they charge the fans, is Centerplate just an easy scapegoat for squeezing more profits from workers? Because on the subject of health benefits and wages, the two camps are separated by a wide chasm.

In order to qualify for healthcare, the workers need to work at least 10 games in a month (they’re eligible for health insurance only from June 1 through December 1) to have coverage a month later, which means that the health and well-being of the 750 workers hinges on Major League Baseball’s scheduler.

Workers almost got denied coverage for August because June only had nine games, but they ended up qualifying because they worked a private event at AT&T Park for the biotechnology firm Genentech.

Yet Centerplate wants to raise the number of qualifying games to 12, while Local 2 wants to keep it at 10 and grant healthcare coverage to workers who work every game in months with less than 10 games.

On wages, Centerplate has offered 25-cent increase in hourly pay, no retro raises for the years worked under the expired contract, and a $500 bonus. Though Local 2 has not put out an exact number on their wage demands, its spokesperson says Centerplate’s wage offers are beyond unacceptable; they’re insulting.

Centerplate’s main message in this quarrel is its insistence that the concessions workers are among the highest paid in the nation and that they accrue more benefits than most part-time workers. But the workers say that claim is misleading given the high cost of living in the Bay Area.

“If we were living in Dallas, Texas, I’d say yeah, we’re probably overpaid. But we’re not,” Anthony Wendelburger, who has been a cook for three years, told us.

The Bay Area is among the most expensive metropolitan areas in the nation. Last month, the business consultant Kiplinger published a list of the top 10 most expensive cities in the U.S. San Francisco was third behind Honolulu and New York, with nearby San Jose in fourth and Oakland eighth.

The average concessions worker makes around $11,000 in a year while some make upwards of $13,000 during the regular season. Based on differences in the cost of living, we calculate (using www.bankrate.com) that $11,000 translates to $7,760 if they served food and drinks for the Seattle Mariners, $7,880 for the Chicago Cubs or White Sox, and $6,530 for the Atlanta Braves.

 

 

THE OLD BALLGAME

At the Giants-Padres game on June 18, a Tuesday, several hundred protesters gathered at a rally to show support for the Giants concession workers. Most were affiliated with Local 2, but a few off-duty concession workers came to join the demonstration.

They implored the fans—most whom seemed to be just learning about the dispute—to abstain from purchasing any concession stand products. The rally started an hour before game time engulfed fans waiting in line with chants of “No justice, no garlic fries!” and “Ain’t no protest like an union protest because an union protest don’t stop!”

Inside the stadium, 44 protesters (all of whom had purchased tickets) staged a sit-in in front the garlic fries stand situated behind sections 122 and 123. Their numbers withered as the game progressed and by the fourth inning, the area in front of the stand was cleared and business resumed, with 10 protesters arrested for refusing to disperse.

That protest followed a more significant action on May 25, when all of the 750 workers staged an one day strike, authorized by a 500-16 vote by workers. For that game, Centerplate employed volunteer workers who only got paid in tips. Yes, the scabs got the tips that the regular workers are being denied.

Food and drink service during that game was significantly slower than normal, as even the Giants acknowledged. There were reports of fans standing up to 40 minutes in line for a beer, which is usually more than two innings, an amount of playing time that few true baseball fan would ever give up for a beer run.

Critics—including several passerby fans who were loudly expressing their disdain for the demonstrators at the Giants-Padres game—say the workers should be content with what they have, perhaps assuming the workers were getting more from that $10 beer than they really are.

When Pearlie Jones started working concessions at Giants games 22 years ago, hot dogs were $3. Today they sell for twice that amount at the stand that Jones now manages.

We met Jones at the Local 2 building in the Tenderloin. She lives in Daly City, survives on unemployment during the off-season, and has no other source for health insurance. With nervous laughter, Jones told us she “prays to God during [the off season] that I don’t get sick.”

Wendelburger, who has to commute almost two hours each way to the ball park, works as a bartender during the off-season, although he can only get three days a week. When asked about health insurance during the off-season, this husband and father of two says, “Unless I’m going to die, I’m not going to see a doctor.”

But Jones says that as important as improved wages and healthcare benefits are to her and other employees, they really fear losing their jobs: “Our job security is the main issue that we’re pushing for right now.”

One issue that seems telling of the way Centerplate and the Giants are treating concession workers is on the issue of tips. The workers are currently not allowed a tip jar or a tip line on credit card receipts, a standard feature of food service, particularly here in the Bay Area, where even butchers and bakers have tip jars.

Ramirez says she’s utterly baffled by Centerplate’s stubbornness on the issue. “A tip line is something that doesn’t cost management anything and requires a small change in the computer system and is something the customers are actually demanding. We have a great experience with our fans and customers and they want to share their gratitude and they can’t,” she told us.

Another seemingly minor yet deadlocked issue is the request for benches for in-seat food runners. These workers currently have nowhere to sit for breaks or in between food runs, yet Centerplate has refused to budge on that issue.

When asked about these minor demands, a Centerplate spokesperson said that they have not seen any list of demands from Local 2, a statement disputed by workers and Local 2.

Centerplate has cast workers as greedy, even filing a lawsuit against Local 2 claiming that the union and the workers are trying to exploit the Giants’ World Series championships, an action that the union and its workers heard about from reporters, adding to the aura of mistrust hanging over these negotiations.

 

 

LONG STANDOFF

Both sides have accused the other of not operating in good faith, something they both hope will change when negotiations resume on July 29.

Centerplate says it wants to give the workers a contract, but blames the deadlocked negotiations on Local 2 head Mike Casey, who also serves as the elected president of the San Francisco Labor Council.

“Unfortunately, Local 2 and its leader Mike Casey have not responded to our economic proposal. Our employees, and Local 2 members, remain without a contract, raise, bonus, and health security all because of Casey’s failures,” Centerplate spokesperson Gina Antonini told us.

But the concession workers seem to strongly support Casey, who was on vacation and unavailable for comment. “I have tremendous faith in our Local 2 union leadership. Mike Casey is brilliant,” Patricia Ramirez, a line cook of 14 years, told us. “I think Casey and [Local 2 organizer] Alphonso Pines are leading us in the right way and I think we’re going to win because of their guidance.”

Centerplate seemed unaware of Casey’s local reputation and community support. “The entire labor community is supporting Local 2 and our message is clear: If you have to go to the games, don’t buy the food” San Francisco Labor Council Executive Director Tim Paulson told us.

Local 2’s tough, deliberate, long-term strategy is one that has paid big dividends numerous times in its history, even if it has resulted in long standoffs with management, as was been the case with hotel workers in San Francisco.

“We have seen plenty of times that they have deadlocked for a period of time, they hold out, they tend to fight as long as it takes, and they tend to win” said Ken Jacobs, chair of the UC Berkeley Labor Center.

For their part, concession workers involved in the negotiations blame Centerplate lawyer and lead negotiator George Aude and his abrasive style for the impasse and the tense relations. Several workers we talked to cited Aude’s disrespectful demeanor, with one worker calling him a “giant hothead”.

In one of the negotiations, Aude made several irate comments, which Local 2 took as a threat. They say Aude demanded of the Local 2, “If you don’t stop all these actions you’ve been doing, we’ll offer you less money.”

We reached Aude to comment on the contract talks, he said simply “unsatisfied,” and when we asked for further details, Aude hung up and refused to answer our calls.

 

 

SUPPORTING THE TEAM

Mayor Ed Lee says he’s urging the two sides to settle the standoff and that he has offered to help, although he’s leaving it to the mediators involved. So for those keeping score, City Hall has offered help but the Giants organization has not.

Yet Lee’s half-hearted offer to help Giants workers belies his zealous efforts to promote the Giants and its brand. In February, Lee and the Giants launched a citywide anti-litter program called “The Giant Sweep,” named in honor of the Giants’ sweep of the Detroit Tigers in the 2012 World Series.

“Last year the Giants showed us that winning the World Series took a team effort that went far beyond individual heroics. It required the effort of every player, coach, manager, and support staff — not to mention the fans — to build a championship team. The same approach is needed to attack San Francisco’s litter problem. The Giant Sweep will help San Francisco remain a place where people want to live, work and visit,” the Mayor’s Office said in announcing the program.

Mayor Lee and Gavin Newsom awarded the Giants a “Key to the City” for their World Series wins. Pitcher Matt Cain was awarded a “Key” last year for his perfect game against the Houston Astros. Even disgraced slugger Barry Bonds was given a “Key” after passing Hank Aaron on the all time home run list in August 2007.

“You know, we usually give keys to individual dignitaries who have accomplished great things, whether it was the president of Ireland, or Tony Bennett, or even a Matt Cain on his wonderful perfect game in San Francisco,” Lee said during last year’s celebration. “We normally celebrate those individual accomplishments, but today, we’re gonna break with that tradition and present this key to the entire team and coaching staff, everybody involved in the Giants, the investors, their front office. Congratulations to a team that doesn’t know how to quit, never gives up, and defied the odds at every opportunity.”

Then the city spent nearly a reported quarter-million-dollars to throw its team a massive victory parade and San Franciscans went wild in celebrating the Giants, once again, as the concession workers waited to feel like part of the team.

Could Lee or other City Hall figures help solve the standoff? Other mayors have successfully intervened in situations like this before. In 2004, then-Mayor Newsom sided with the 4,300 picketing hotel workers after the hotels refused his request to end a lockout.

Less than a year before that, Newsom ran for mayor as a “business friendly centrist” who raised millions of dollars from the hotel industry and other downtown business interests. But when he saw that hotel management wasn’t being reasonable, he used the power of his office to help broker an agreement.

It would seem Lee could do the same thing if he wanted, particularly given that the Giants are currently asking the city for land and support to help grow its business.

STADIUM SPRAWL

The Giants organization is currently working on a $1.6 billion, 27-acre development project at Pier 48, located on the opposite side of Mission Creek from AT&T Park. The gargantuan project will include 1,000 housing units, 125,000 square feet of retail, 1.7 million square feet of office space, 2,690 garage parking spaces, and more than eight acres of public space. The project is on public land and will be subject to numerous approval processes, by both the city and the Port of San Francisco. Pier 48 and Seawall Lot 337 are some of the last valuable, easily developable sections of waterfront in San Francisco, so one might say the team is asking a lot from the community. And of course, Mayor Lee offered unqualified, enthusiastic support for the project, telling the Chronicle, “Among my highest priorities is to make sure our homegrown companies can stay, grow, and hire right here in San Francisco, driving job growth, improving our neighborhoods, and in this case our world-class waterfront.” But Lee, Centerplate, and the Giants seem to think that just creating jobs is enough, regardless of pay, benefits, and job security. “The success of a Major League Baseball club is measured by more than game-winning rallies and pennant drives. Beyond the box scores, a ballclub has a unique opportunity to create partnerships to improve the quality of life in its community,” the Giants proclaim on its community page. But for Giants workers, such sentiments have done little to improve their quality of life.

So now what?

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EDITORIAL The scene at City Hall on Friday, June 28 could have been a video rewind of 2004’s Winter of Love: a surprise announcement granting same-sex marriage licenses; a breathless rush of couples to the civic altar, led by two brave, symbolic women (lesbian groundbreakers Del Martin and Phyllis Lyon in 2004 and anti-Prop 8 plaintiffs Kris Perry and Sandy Stier in 2013), a city erupting with good will and cheer, dazed by the speed of luck and history. Earlier, Lt. Gov. Gavin Newsom, teeth and hair and all, was making grand pronouncements, strutting about like he was mayor of the place again.

Back in 2004, the city was scarred and drained from the first great Internet bust, and still reeling from the losses of AIDS. San Francisco was a mess, but it was starting to recover. People who had been forced to move out by the city’s skyrocketing rents and evictions in the early 2000s were beginning to trickle back in, and many of those beached by the boom’s collapse were turning into the very freaks, artists, and innovators they had helped displace. When Newsom launched SF’s same-sex marriage rebellion, it was an act of great civic uplift, burnishing SF’s progressive image in the eyes of the world, while boosting the city’s self-confidence. (Not to mention its economy, which benefited greatly from the wedding explosion.)

The act also burnished Newsom’s own reputation. Previously reviled for his “Care Not Cash” policies that demonized the poor and homeless, a significant percentage of LGBTQ people among them, he was suddenly a posterboy for civil rights. Now of course, San Francisco is supposedly on the arc of an economic boom, skyrocketing evictions included, and not in the dregs of a bust. So it was with a regretful shudder that we noticed some more ominous similarities between 2004 and 2013.

A week before this year’s Pride, and right before the wave of marriage elation overtook the festivities, the city’s homeless census was released. Out of the total count of 6,436 homeless people, a figure emerged that stunned many: 29 percent of 1000 people specifically asked identified themselves as LGBTQ, and it’s assumed that the actual percentage of queer homeless people is in fact higher, due to factors like closeting and mental health. A large portion of LGBTQ homeless are youth, still drawn here by San Francisco’s promise of inclusion and shelter from abusive and rejective backgrounds.

While the city celebrates the achievement of grand ideals of equality, we are failing the very people for whom those ideals may be most valuable. Currently, Dolores Street Services, along with help from Sup. David Campos and the city’s “homeless czar” Bevan Dufty, is working towards the building of a 24-bed shelter specific aimed to service LGBTQ homeless people. But that’s just a drop in the bucket. We need much more.

Now that DOMA has been overturned and Prop. 8 kicked to the curb, there’s a lot of discussion about what the powerful, energized “gay lobby” should take on next. Righting the horrible Supreme Court decision gutting the Voting Rights Act and achieving marriage equality in 37 more states are valiant, necessary goals. But turning toward the actual problems in our own backyard is another imperative.

As the Pride celebration in the Civic Center was winding down on the evening of Sunday, June 30, a group of young women emerged seemingly out of nowhere among the trash-strewn streets and beeping trucks being loaded with the party’s massive detritus. The women quietly dispersed among the leftover crowd, hauling sacks of bread on their shoulders. They made their way toward those lying on the street or huddled in doorways, distributing loaves in a matter-of-fact manner to people in need. It was a perfect reminder of the real spirit of Pride — an inclusivity that benefits all, empowered by actions on a one-to-one, human scale.

Wedding bells and Pride protests

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rebecca@sfbg.com ; steve@sfbg.com

The city of San Francisco was a complete whirlwind from June 26 to June 30. First came the historic Supreme Court ruling that ended the ban on same-sex marriage in California and struck down the discriminatory Defense of Marriage Act. The historic decision, handed down just before the city’s Pride festivities got underway and as a rare heat wave gripped the city, unleashed widespread celebration June 26, culminating with a rally and dance party in the streets of the Castro.

The Supreme Court ruled that the Defense of Marriage Act, which denies federal recognition of same-sex marriage, “is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment.” According to the majority opinion, “DOMA’s principal effect is to identify a subset of state sanctioned marriages and make them unequal.”

Hollingsworth v. Perry, the Prop 8 case, was dismissed on standing due to the fact that the State of California refused to defend it in court. That meant the previous ruling invalidating Prop 8, by Judge Vaughan Walker and upheld by the Ninth Circuit Court, was upheld.

City Hall was totally packed at 7am when the Court convened, with hordes of journalists, gay and lesbian couples, and sign-wielding activists in the crowd. Cheers erupted when the decision was announced striking down DOMA. When the Prop 8 statement came down, the room went nuts.

“It feels good to have love triumph over ignorance,” said Mayor Ed Lee, who joined Lt. Gov. Gavin Newsom in escorting a fragile Phyllis Lyon down the stairway. When Lyon married the late Del Martin, they became the first same-sex couple to get legally married in California in 2004.

“San Francisco is not a city of dreamers, but a city of doers,” Newsom said. “Here we don’t just tolerate diversity, we celebrate our diversity.” He thanked City Attorney Dennis Herrera and others who’d contributed to the fight to for marriage equality. “It’s people with a true commitment to equality that brought us here.”

When Herrera took the podium, he turned to Newsom, and said, “Now you can say, ‘Whether you like it or not!'” — a joking reference to Newsom’s same-sex marriage rallying cry, which some blamed for boosting the anti-same-sex marriage cause. “We wouldn’t be here today if it wasn’t for Gavin Newsom’s leadership,” Herrera continued. “I remember in 2004 when people were saying it was too fast, too soon, too much.” Herrera also pledged to continue the fight that began here in City Hall more than nine years ago: “We will not rest until we have marriage equality throughout this country.”

Later that afternoon, clergy from a variety of faiths including Christianity, Judaism, Islam, Buddhism and the Church of Latter Day Saints gathered on the steps of Grace Cathedral on Nob Hill for a buoyant press conference to celebrate the court’s rulings.

“For 20 years I’ve been marrying gay and lesbian couples, because in the eyes of God, that love and commitment was real, even when it wasn’t in the eyes of the state,” said Rabbi Michael Lerner of the Beyt Tikkun Synagogue. “We as religious people have to apologize to the gay community,” he added, for religious texts that gave opponents of gay marriage ammunition to advance an agenda of discrimination.

He added that the take-home message of the long fight for marriage equality is, “don’t be ‘realistic.’ Thank God the gay community vigorously fought for the right to be married — because they were not ‘realistic,’ the reality changed. Do not limit your vision to what the politicians and the media tell you is possible.”

Mitch Mayne introduced himself as “an openly gay, active Mormon,” which is significant since the Mormon Church was a major funder of Prop 8. He called it “one of the most un-Christlike things we have ever done as a religion,” but noted that the sordid affair had brought on “a mighty change in heart from inside the Mormon community, with greater tolerance than ever before,” with many Mormons going out and marching in solidary with gay and lesbian couples, he said.

Then on June 28, earlier than expected, the County Clerk started issuing same-sex marriage licenses. Kris Perry and Sandy Stier, plaintiffs in the case against Prop. 8, became the first of dozens of happy couples to be married at City Hall that evening, and the marriages continued in the days that followed.

And as if that weren’t enough excitement, it all happened before the weekend, when Pride festivities got underway. This year featured not only the official Pride parade and myriad performances, but also an “Alternative to Pride Parade,” signifying that a radical Pride-questioning movement has been reawakened in San Francisco.

“Have you had enough with the poor political choices of some community leaders that claim to represent you? Are you over the over-corporatizing of SF Pride? Or just tired of the same old events that don’t reflect who you are, and how you want to celebrate your queer pride?” organizers wrote in a statement announcing the event.

The parade itself, meanwhile, also featured some dissenters. The third annual Bradley Manning Support Network contingent swelled in ranks this year, due to the political maelstrom touched off when the Pride Board rescinded Manning’s appointment as Grand Marshal.

The Bradley Manning Support Network contingent attracted more than 2,000 supporters who marched to show solidarity with the openly gay whistleblower, comprising the largest non-corporate contingent in the Parade. Former military strategist Daniel Ellsberg, who leaked secret government documents known as the Pentagon Papers to the press in 1971, donned a pink boa and rode alongside his wife, Patricia, in a pick-up truck labeled “Bradley Manning Grand Marshal.” Patricia told the Bay Guardian, “There is something about the energy and triumph of this beautiful event … Just as the gays have made a tremendous difference with marriage, we have to do the same with wars and aggression” in U.S. foreign policy.

Pride’s legal counsel, Brooke Oliver — who resigned over the Pride Board’s handling of the Manning debacle — marched along with the Bradley Manning contingent. Bevan Dufty, former SF Supervisor and now the mayor’s point person on homelessness, stepped down as a Grand Marshal, also because of the Pride Board’s actions, but didn’t march with the contingent.

Nor were the Bradley Manning supporters the only protest contingent to take part in the parade. A group seized the opportunity to make a political statement by marching with a faux Google bus, an action meant to call attention to gentrification and evictions in San Francisco. They rented a white coach and covered it with signs printed up in a similar font to Google’s corporate logo, proclaiming: “Gentrification & Eviction Technologies (GET) OUT: Integrated Displacement and Cultural Erasure.”

Some trailed the faux Google bus with an 8-foot banner depicting a blown-up version of an Ellis Act evictions map. Others donned red droplets stamped with “evicted” to signify Google map markers, while a few toted suitcases to represent tenants who’d been sent packing. However, their ranks were thin in comparison with the parade contingents surrounding them, which included crowds of workers representing eBay, DropBox, and, of course, Google — the largest corporate contingent in the parade.

“The organizers of this anti-gentrification and displacement contingent are not ‘proud’ that folks are being kicked out of this city that was once their refuge,” organizers of the faux Google bus contingent wrote in a press statement. “The 2013 SF Homeless Count and Survey shows that 29 percent of the city’s homeless population is ‘LGB and other.’ The Castro is experiencing the highest number of evictions in the city. Meanwhile, the SF Pride Parade is becoming as gentrified as SF. This group is calling on Pride to remember its roots.”

 

From around the Internet: San Franciscans celebrate marriage equality

All around San Francisco yesterday, gay couples, city leaders, and street revelers celebrated the Supreme Court’s rulings striking down Proposition 8 and the Defense of Marriage Act. Here’s a glimpse of the how the city reacted to the news on June 26, as told by San Franciscans who uploaded videos to YouTube (video after the jump):

Our video mashup features (in order of appearance) Jay and Bryan Leffew with their two kids, Daniel and Selena; a crowd reacting with cheers as they attended an early-morning gathering at San Francisco City Hall (video uploaded by Will Kivinski); San Francisco City Attorney Dennis Herrera, Lt. Gov. Gavin Newsom, and District 9 Supervisor David Campos (all featured in a video of the press conference produced by the city); Cindy Sunshine and friends (uploaded by Prana Fitte); and scenes of a street-party celebration in the Castro uploaded by HiWorld798 and Elena Olzark.

Supreme Court same-sex marriage decisions: DOMA invalidated, Prop 8 case dismissed, SF reacts [UPDATED]

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Watch this space throughout the day for breaking news on the decision and reactions. Tonight there will be a celebration of the Court’s decisions at Castro and Market Streets at 6:30pm. (Join  the Guardian beforehand, 6-9 at the Pilsner in the castro, at its annual pre-Pride event.) 

DOMA INVALIDATED

The Supreme Court released its ruling this morning that the Defense of Marriage Act, which denies federal recognition of same-sex marriage, “is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment.”

“DOMA singles out a class of persons deemed by a State entitled to recognition and protection to enhance their own liberty,” according to the majority opinion. “DOMA’s principal effect is to identify a subset of state sanctioned marriages and make them unequal.” The Court voted 5-4, with Justice Kennedy, who wrote the majority opinion, as the decisive vote along the usual liberal/conservative lines. You can read the full opinion here

This means that same-sex marriages performed in states that have legalized such marriages will be recognized by federal law.  

PROP 8 DISMISSED ON STANDING

As for Hollingsworth v. Perry, the Prop 8 case, it was dismissed on standing, due to the fact that the State of California refused to defend the case that would uphold Prop 8 (which denied same-sex marriage).That meant private citizens were left to defend a state statute, which was unprecedented, and the Court refused to rule on those grounds.

We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to. We decline to do so for the first time here,” the majority Court statement (which broke along the typical 5-4 line) said. That means there is no specific decision from the Court regarding Prop 8, and the previous ruling, by Judge Vaughan Walker and upheld by the Ninth Circuit Court, that invalidated Prop 8 as discriminatory, stands.

This may mean that same-sex marriages in California can resume as early as July.

You can read the full Prop 8 ruling here.

Scene this morrning at SF City Hall, with Mayor Ed Lee and Lt. Gov. Newsom. Photo by Dan Bernal.

[UPDATE] REACTIONS AT CITY HALL

Steven T. Jones reports from SF City Hall:

City Hall was totally packed at 7am when the US Supreme Court convened — tons of journalists, lots of couples, many signs in the crowd. Two screens were set up, one with a live blog from court chamber, the other with the CNN live feed. Huge cheers erupted at 7:11 when the decision was announced striking down DOMA and forcing the federal government to recognize the rights of same-sex married couples.  Then at 7:38, when the Prop 8 statement came down, the room went nuts. 

A moment later, an array of current and former city officials appeared at the top of the City Hall main staircase. Mayor Ed Lee and Lt. Gov. Gavin Newsom escorted a fragile Phyllis Lyon down the stairs — she, along with the late Del Martin, were the first same-sex couple to get legally married in California in 2004 — flanked by the rest of the city family, all with big smiles.

“Welcome to the people’s house of San Francisco,” Mayor Lee said, thanking the crowd “for sharing in this historic moment.”

“It feels good to have love triumph over ignorance,” he said.

At 7:44, City Attorney Dennis Herrera and Chief Deputy City Attorney Terry Stewart, who had been on the City Hall steps addressed reporters’ question on the legal details of the ruling, joined the crew to sustained applause as Lee recognized them. He then introduced Newsom, who in 2004 as San Francisco mayor allowed same-sex marriages to be performed, as “one person who used the power of this office to make history and show his love for the city.”

“San Francisco is not a city of dreamers, but a city of doers,” Newsom said. “Here we don’t just tolerate diversity, we celebrate our diversity.” He thanked Herrera and everyone who contributed to this moment. “It’s people with a true commitment to equality that brought us here.”

Newsom introduced Kate Kendall with the National Center for Lesbian Rights, who has led the coalition of groups that have push for marriage equality. She looked around the crowd and said, “Fuck you, Prop 8!”

The crowd roared, and she said that she had scanned the room for children, and promised to “put a dollar in the swear jar” if necessary. But she said that, “We have lived for too many years under that stigmatizing piece of crap.”

Then Herrera took the podium, turned to Newsom, and said, Now you can say, ‘Whether you like it or not!'” — a joking reference to Newsom’s same-sex marriage rallying cry, which some blamed for boosting the anti-same-sex marriage cause.

“We wouldn’t be here today if it wasn’t for Gavin Newsom’s leadership,” Herrera continued. ““I remember in 2004 when people were saying it was too fast, too soon, too much.”

But today, that long effort has been vindicated, Now, he said, “It’s about changing the hearts and minds of people and educating them.” He also pledged to continue the fight that began here in City Hall more than nine years ago: “We will not rest until we have marriage equality throughout this country.”

Gavin Newsom being interviewed inside City Hall. Photo by Steve Jones

Finally Stewart, who has argued cases related to San Francisco’s stand before both the US and California Supreme Courts, praised both the Prop. 8 and DOMA rulings and the precedents they set. “In the DOMA case decision, the Supreme Court expressed a stong equal protection philosophy…that will help legalize same sex marriage in other states.”

Three members of the Board of Supervisors were also invited by Kendell to address the huge City Hall crowd: Board President David Chiu and Sups. David Campos and Scott Wiener, the only two current supervisors who are gay.

Chiu noted that the bust of slain Sup. Harvey Milk is prominently positioned outside the Board Chambers, a reminder of the long struggle for gay rights that San Franciscans have led. “That work lives on today,” he said.

He added the hope that the work done here will ripple out of across the country because, he said, “As goes San Francisco, so goes California, so goes the rest of the country.”

Campos, an attorney who has long been in a committed relationship, said, “It’s a very emotional moment for those of us who are part of the LGBT community.” He said this Supreme Court ruling is the first time it has really acknowledged “that we are people and we have dignity,” and that the rulings sends a clear message to Congress that legislation like DOMA is unconstitionally discriminatory.

Wiener praised the resilience of the LGBT community, from the early days of enduring the AIDS crisis and fighting for federal support through the current campaign for marriage equality. And he cheered the fact that, “Those marriages that we see under the rotunda [in City Hall] will get a little more diverse.”

11:30 AM UPDATE: Style and substance

While Newsom strutted around like a proud peacock in front of City Hall — clearly the leading man in this epic story with the happy ending, much in demand by the television crews — Herrera and Stewart briefed various reporters on the details of the case that they had just won.

Gavin Newsom outside City Hall. Photo by Steve Jones.

“I wanted a merits ruling, but a standing ruling is a victory too,” Herrera told us, making the distinction between the court ruling that banning same-sex marriage is unconstitutional on the grounds of equal protection under the law — which it did not do — and the 5-4 ruling it did issue: that those who appealed the Ninth Circuit Court ruling invalidating Prop. 8 lack proper legal standing to do so.

The standing ruling leaves same-sex marriage opponents more wiggle room to argue that the ruling might only apply to the couples named in the suit, or in just the counties that took part, which also included Alameda and Los Angeles, positions they were already signaling in press statements.

But Herrera said that he would vigorously contest that kind of challenge, which he considers to be without merit, telling us, “The injunction is not limited in its scope.”

UPDATE: SFPD isn’t worried

Police Chief Greg Suhr, who attended the City Hall event, said the timing on the ruling during Pride Week couldn’t be better. “It’s nice that it all lined up for us,” he told us. “This town is going to rock ‘til the wheels come off.”

Asked whether he has any heightened security concerns about the Pride Parade in the wake of a ruling that is controversial to some, Suhr said that he’s not worried. He said SFPD is now fully staffed and all available personnel working this weekend, although he will try allow many of his gay and lesbian officers to join the celebration if they want.

“We’re going to police what’s likely to be the biggest party this city has ever seen,” Suhr said, adding that his policing philosophy is, “We plan for the worst and hope for the best.”

 

On pins and needles

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steve@sfbg.com

[UPDATE: The Supreme Court has overturned DOMA and dismissed the Prop 8 case. Read our full coverage here.]

As San Francisco’s LGBT community and its supporters prepared for Pride Weekend, the whole city was anxiously awaiting the imminent US Supreme Court ruling on same-sex marriage. That case began here more than nine years ago when then-Mayor Gavin Newsom decided to let gay men and lesbians marry and the City Attorney’s Office launched a long and torturous legal battle.

The synchronous timing of the two events couldn’t be better. (Well, it could have been better for the Bay Guardian‘s deadline if the ruling has come out June 25, instead of when this issue will be hitting the streets on June 26, but you can read our full, live coverage here at sfbg.com tomorrow.)

LGBT activists are planning a massive rally at Castro and Market streets starting at 6:30pm on June 26, along with another performance stage at Market and 19th streets featuring Donna Sachet emceeing performances ranging from DJs to drag and other live performances, like an early start to an already packed Pride Weekend. (For more info, see www.dayofdecision.org.)

Of course, at press time it was still unclear whether we’ll see a joyous springboard for a raucous Pride that many are hoping for, with total victory and marriage equality becoming the law of the land; a bitter repudiation of LGBT rights reminiscent of Nov. 4, 2008, when the street celebrations over President Barack Obama’s election victory were tempered by frustration over voters approving Prop. 8 and banning same-sex marriage; or something in between.

The ruling will cap a see-sawing legal and political battle for which the City Attorney’s Office calculates it has written more than a half-million pages of legal briefings for more than 50 judges at various levels, including four trips before the California Supreme Court in four separate but related cases before making arguments to the US Supreme Court in March.

If the ruling doesn’t legalize same-sex marriage in California, activists say they’ll immediately return the struggle back into the political arena and use the momentum of the ruling (and the three states that legalized same-sex marriage this year, bringing the total to 12) to win at the ballot box (it would take a popular vote to undo Prop. 8).

If that happens, look for our own Sen. Mark Leno — who got the California Legislature to approve his legislation legalizing same-sex marriage, twice, only to have it vetoed by then-Gov. Arnold Schwarzenegger — to play a lead role.

“The only option is to re-amend the constitution to eliminate the discriminatory Prop. 8,” Leno told us. That measure could be placed on the 2014 ballot by either the Legislature or an initiative, which Leno said will be decision for the coalition of same-sex marriage supporters.

There are benefits and drawbacks to both options. Gathering signatures for an initiative is expensive, but that effort would also help launch the campaign to win over California voters. In the Legislature, four supportive Democrats will likely move to other offices this year, including a Senator and Assemblymember who are each joining the Los Angeles City Council, but Leno is still confident.

“We stand prepared with legislation already drafted to move forward with a bill if that’s what the coalition decides,” Leno said. “And we are confident we have the 27 votes we need [in the Senate], maybe even 28.”

City Attorney’s Office Press Secretary Matt Dorsey has been doing regular email briefings for journalists who are here from around the world, ready to report from the place where it all began as soon as the ruling comes down.

City Attorney Dennis Herrera, Chief Deputy City Attorney Terry Stewart, and their team are prepared to analyze the ruling as soon as it is released just after 7am (Pacific time) and to deliver the first press briefing on the steps of City Hall at 7:30-8am. Mayor Ed Lee, Newsom, and other officials will host a live viewing of the ruling at 7am in City Hall, following by their own press conference.

Dissecting the ruling could be a tricky task given that there at least four major scenarios that the ruling could trigger, each of those with lots of sub-scenarios that depend on the scope and details of the ruling. Everything for legalizing same-sex marriage across the country to a technical ruling that kicks it all back to a lower court are possible.

“In 10 years [working for the City Attorney’s Office], I’m never seen an outcome that could go in so many different directions,” Dorsey told us.

If the ruling invalidates Prop. 8, that decision would be formalized in about a month, then returning jurisdiction over the case to the Ninth Circuit Court of Appeal, which will then issue a formal notice of decision that gives it the force of law, according to a June 11 memo the City Attorney’s Office wrote for other city officials.

It notes, “Depending on how the Supreme Court decides the case, marriages could resume as soon as mid-to-late July.”

Developers should pay — on time

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OPINION San Francisco used to be an eclectic city, filled with working class folks, people of color, lots of artists, and families. But that’s changed dramatically. The black population has dismally plummeted, to 6.3 percent, according to the most recent census. Families of color are streaming out, expensive condos and sky-high rentals are shooting up, and the unique mix that once was the city and made it such a diverse and culturally rich place to live and thrive is changing.

Three years ago, then-Mayor Gavin Newsom decided that private developers in San Francisco needed a local stimulus boost. The housing bubble had burst and taken the economy down with it, but Newsom wanted to ensure that private development in the city continued. So he proposed that private developers be allowed to defer paying the neighborhood impact fees on their projects, thus delaying funding for safety-net programs that help existing residents of working class neighborhoods fight displacement.

His proposal passed in 2010, and since then the Eastern Neighborhoods, SoMa, and the Octavia/Market Area have seen an upswing in private development projects coupled with rising eviction rates and housing costs, while affordable housing throughout the city becomes harder and harder to find. Because neighborhood impact fees were deferred services that would help vulnerable populations were underfunded by a total of almost $53.5 million — in 2011-2012 alone.

That lost money impacted affordable housing construction, affordable child care, development of parks and other types of open spaces, infrastructure and pedestrian-safety measures, neighborhood schools and libraries, and eviction prevention services.

Meanwhile, out-of-town private development companies are set to make millions of dollars building high-end rental units and luxury condominiums that the average San Franciscan can’t afford.

Given that private market-rate residential development in San Francisco is speeding up regardless of displacement dangers, it’s even more necessary today to strengthen and sharpen the tools our neighborhoods have for fighting displacement.

A longstanding question for San Francisco has been how to keep it from becoming a place where only the very wealthy can afford to live while the rest of us have to commute in to the city that we work in and love. Now as we field off another local housing boom fueled by speculation, we are faced again with needing to ensure that we prioritize San Franciscans over profit.

That’s why tenant groups, affordable housing advocates, and San Franciscans fighting for the right to stay in their city will be urging the Planning Commission to end the fee deferrals. The Planning Department staff has studied the issue and recommends that the Newsom program be allowed to expire; that would bring back the funds needed to invest in the vitality and vibrancy of our neighborhoods.

Come join us in helping get San Francisco’s priorities back on track at the Planning Commission meeting Thursday June 13th at 12pm in room 200 of City Hall. Private development is not worth more than the well being of working class communities, immigrants, families, LGBTQ, and tenant communities.

Maria Zamudio is a housing rights organizer for Causa Justa: Just Cause

Rival condo conversion measures finally up for board vote

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Controversial condominium conversion lottery bypass legislation is finally headed for a vote by the full Board of Supervisors this Tuesday. Befitting legislation that has stirred strong emotions and traveled a twisting political path over the last six months, there are new dramas and uncertainties cropping up at the last minute, including the lingering unknown of where Mayor Ed Lee stands.

Originally co-sponsored by Sups. Mark Farrell and Scott Wiener, the legislation was intended to allow 2,000-plus tenancy-in-common owners to buy their way past the city’s lottery that allows 200 conversions to condominiums each year. But tenant groups and their progressive allies strenuously opposed the idea, and it was amended by Sups. David Chiu, Jane Kim, and Norman Yee working with tenants to couple the bypass with a 10-year moratorium on new conversions, thus clearing the backlog without opening the door to speculators taking more rent-controlled apartments off the market.

The Land Use Committee voted June 3 (2-1, with Chiu and Kim voting yes and Wiener opposed) to send the tenant-supported legislation to the full board and keep a Wiener-backed rival measure stuck in committee. But since then, Wiener invoked a board rule allowing four supervisors to pull the stalled legislation out of committee, getting Farrell and Sups. Katy Teng and London Breed to place that rival measure on Tuesday’s agenda as well.

Tenant groups decried the move and have put out the call for supporters to flood City Hall for the 2pm meeting, but Wiener told us that the differences in the two pieces of legislation are minor. One difference deals with whether transfers of ownership interest will affect an applicant’s spot in the queue and the other involves the so-called poison pill inserted by tenant groups, which would freeze the conversion process if anyone challenges the legislation in court, as real estate interests have threatened to do.

Wiener said the tenant-backed legislation’s changes to condo conversion eligibility, such as a 10-year wait period and banning future conversions of buildings with more than five units, that would remain in place after a successful legal challenge is an unfair overreach. But Chiu said tenant groups have already compromised as much as they can and they need this protection: “This is a carefully constructed compromise, and for the first time tenants groups are supporting thousands of condo conversions.”

Breed’s concerns about the poison pill provision — which was why she said she went along with Wiener’s play to bring up the rival measure — go even beyond Wiener’s. While most concerns involved a lawsuit from real estate interests, Breed worries about a pro-tenant litigant who wants to stop all condo conversions.

“If anyone chose to sue, it would help renters by shutting down everything completely. Where is the incentive not to sue?” Breed told us, noting that she still doesn’t have a solution to the problem, but she wanted the leverage of rival measures in order to address the issue. “I’m hoping it’s a win-win for renters and TIC owners,” she said. “Everyone else is not my concern right now.”

But the real estate interests will almost certainly try to preserve an ability for speculators to continue funneling more rent-controlled apartments into the real estate market, and just yesterday, the San Francisco Association of Realtors announced the hiring of an influential new point person on lobbying and housing issues: Mary Jung, a former spokesperson for then-Mayor Gavin Newsom before moving over to represent PG&E, and who was last year elected chair of the Democratic County Central Committee.

That could make a difference when it comes to Mayor Lee, who has resisted efforts by both sides to weigh in on the issue, saying only that he supports both tenants and TIC owners and that he understands the concerns about opening the door to a flood of new conversion requests.

“The one wild card here is no one know where the mayor is,” Wiener told us, noting that neither side is likely to get the eight votes that would be needed to override a veto. “The mayor, if he wanted to, could have significant leverage in crafting a compromise.”
Chiu said that he’s confident that his version of the legislation has the six votes needed to pass, but that it is still unclear what Mayor Lee will support, despite Chiu asking Lee to weigh in publicly in February and privately during a meeting yesterday. As Chiu told us, “We’ll see.”

The adulation of the technoriche

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It’s hardly news at this point that billionaire tech mogul Sean Parker tore up a public campground to build the sets for his $10 million fantasy wedding in Big Sur. And it’s been widely reported that Parker paid a $2.5 million fine to the Coastal Commission, which he tried to spin as a wonderful environmental gift to improve the state park system.

But I read with interest in the Chron that both Lite Guv Gavin Newsom and Attorney General Kamala Harris were reportedly at the wedding. Both are very smart people; both have the ability to observe the world around them. So I have to wonder:

Didn’t either Newsom or Harris think it was a little bit odd to see all this new development in a protected area? Did it occur to either of them that their richy-rich-rich pal, who has a history of snubbing laws he doesn’t like, might have done the same thing here?

Could the state’s top law-enforcement official and a member of the state Lands Commission really look at artificial ponds and large new structures, which involved bulldozers to create, and not say:

Huh? Aren’t there rules against this sort of thing?

Okay, it was a wedding, and nobody wants to be the one to throw the turd in the punchbowl. The politician guests were there to celebrate with a person who is capable of helping to fund future campaigns (and since both Harris and Newsom are considered possible candidates for governor when Jerry steps down, I bet they had a great time together).

But didn’t either of them feel at least a little weird about it?

I called Newsom’s office and left a message for Dierdre Hussey, his press person. She hasn’t called back. Nick Pacilio in Harris’s office told me someone would get right back to me; hasn’t happened yet. So we don’t know what the two were thinking.
But I do know this: The level of adulation of the technoriche has reached levels we haven’t seen since the Gilded Age.

Technology columnist James Temple puts it this way:

To the outside observer, Parker’s actions look like contempt for the piddling rules that we non-billionaires can’t buy our way around. And they certainly do nothing to alter the increasingly popular local view of the tech class as selfish and aloof, conspicuously relishing their venture capital rounds and IPO winnings, as a growing portion of the Bay Area population struggles to make the skyrocketing rents.

And politicians seem to adore the most selfish and aloof (and clueless) among them.

Take Mayor Ed Lee’s comments about Airbnb. The company is clearly cheating on its taxes. The city treasurer investigated the situation and ruled unequivocally that airbnb needs to collect and remit the Transit Occupancy Tax money that should be charged on its rooms.
When Michael Krasny asked the mayor on Forum about the issue, Lee defended airbnb (which is funded by his buddy Ron Conway), saying that the company is just “making arguments” about whether it owes the tax.

But that’s just false: The arguments are over. The company argued with the tax collector and lost. And it isn’t arguing anywhere anymore — not in court, not in the political sector. It’s just …. not paying. And because it’s a tech company, and Conway is nurturing it, the mayor seems just fine with that.

It appears that big corporations are big corporations. They may claim that they won’t be evil, and they may be headed by people in their 20s who dress like hipsters, and they may make really cool products — but their operating just like the robber barons of old. And the great wealth they’ve created has, to a great extent, also created great arrogance.

Before the trolls accuse me of fomenting class warfare, let me repeat: I didn’t start this war. I didn’t rig the political and tax systems so that the middle class would be wiped out as all of the net new wealth in a generation goes to the top 1 percent. I’d much prefer we all share in the bounty, as the middle class and working class did in the post-War era.

Meanwhile: Does anyone really need a $10 million wedding in a state park?