London Breed

Plans for SF clean energy program still underway, despite political opposition

San Francisco’s longstanding effort to develop a municipal renewable energy program has been stymied by politics, but Sup. London Breed has taken up the cause of advancing aspects of the plan that haven’t been obstructed.

At a Dec. 13 meeting of the Local Agency Formation Commission (LAFCo), a committee comprised of members of the Board of Supervisors that has been working to develop CleanPowerSF for years, Breed called for putting out a Request for Proposals to develop a concrete plan for building out local renewable energy infrastructure. LAFCo adopted the motion. 

With plans for solar panel arrays or wind power facilities that would generate hundreds of megawatts of electricity for the municipal energy program, the build-out is a key aspect of the plan that could lead to job creation and stable electricity rates in the long term.

“Part of what I think is important in developing a plan is to make sure that if there are people who oppose it, that we have answers,” Breed said. “And we have clear answers, so that we’re communicating what the real, true accurate message is: There is real possibility for local jobs.”

Earlier this year, members of the San Francisco Public Utilities Commission, a body composed of mayoral appointees, refused to approve a not-to-exceed rate, effectively obstructing any forward progress on the green municipal power program. But some advocates who are thinking long-term have merely taken the setback as an opportunity to put some time and energy into crafting a well thought out plan that serves the interests of job seekers and environmentalists alike, which would ulimately be politically difficult to oppose.

The rate approval was a necessary step toward inking a contract with Shell Energy North America, the contractor selected by the SFPUC to procure renewable energy on the open market until a build-out gets off the ground.

Just before the commissioners made their decision, opponents of the plan who are affiliated with Pacific Gas & Electric Company – the utility giant that stands to lose customers if CleanPowerSF goes forward – plastered San Francisco residences with flyers denouncing the program and Shell’s involvement. The mailers were paid for by IBEW 1245, the International Brotherhood of Electrical Workers union that represents PG&E employees.

Breed reflected on that messaging as an unfortunate setback. “It created, I think, the challenges that we’re facing getting this program moving forward,” she said. “We need a clear communication strategy. We need a clear understanding of the build-out.”

Eric Brooks, a longtime advocate of CleanPowerSF who has attended hundreds of meetings to help shape the plan on behalf of his nonprofit, Our City, said he was pleased with the latest direction LAFCo talks had taken. He recently penned an editorial for the Bay Guardian calling on LAFCo to take control of the program.

“This does not get around the political problem we have,” he said. “Politically, the program isn’t moving forward. On Aug. 13, from [the SFPUC’s] standpoint, they put the program on hold.” Nevertheless, “the idea is to work on all the other things, and get those things done.” Once there is a practical plan spelling out how the city will move forward with building out green renewable energy infrastructure, he said, it could serve to “show the building trade unions what’s possible.”

From what Brooks said and what was voiced at the meeting, it seems the political strategy of project proponents will be to bring on a consultant to hash out more tangible goals with regard to job creation, and then use those shovel-ready plans to bring trade unions on board. From there, Brooks hopes there may be more leverage to push for approval – or perhaps to pursue an alternative management structure that gets around the SFPUC, such as joining with another municipality to form a Joint Powers Authority that would oversee the program.

Sup. David Campos, who has been a key supporter of CleanPowerSF along with Sup. John Avalos, did voice some reservations about moving forward with the RFP. “We are here,” halted from moving forward, “even though we have a program that has been approved by the Board of Supervisors,” he pointed out. “How do we avoid going down the path of doing additional work, only to find ourselves in the same predicament?”

The political pressure against CleanPowerSF, fueled by groups associated with PG&E in political alignment with Mayor Ed Lee, is formidable. Nevertheless, advocates from environmental organizations such as 350.org, the Sierra Club and others have kept pushing for the program out of a conviction that it represents an opportunity to curb greenhouse gas emissions and combat climate change at the local level.

“This is a very important move,” said June Brashares, a steering committee member of the Local Clean Energy Alliance. “A key piece of work that has not yet been done is the selection of actual sites all over the city for the installation of hundreds of megawatts of local clean energy projects that will make up CleanPowerSF.”

UPDATE: After we posted this, Breed returned a phone call from earlier in the day. She shared some thoughts about the program:

“I just think we’re overdue, to do it. The fact that we have five commissioners appointed, not necessarily elected, [blocking the program] disturbs me,” she said.

Asked why she’s supportive of CleanPowerSF, Breed said, “It’s not just about the choice. It’s also about the environment, and the future. There’s a lot of money in energy in general, and part of that money should go back to the local economy through those jobs.”

When we asked her about the strategy for advancing the program, she responded, “We want labor to be a partner on this. We want to make sure that it’s clear, and more importantly, we want it to be a strong proposal … My goal is to make it difficult for them to oppose it.”

Finally, questioned on whether she was worried about the political opposition, Breed responded, “I can’t do my job in fear that someone may oppose it. I have to do it based on what I think is truly right for the city of San Francisco.”

SF Board of Supervisors approves new tenant protections

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The Board of Supervisors today (Tues/17) gave unanimous final approval to legislation aimed at giving renters in the city additional protections against being displaced by real estate speculators, and initial approval to legislation protecting tenants from harassment by landlords, both part of a wave of reforms moving through City Hall to address rising populist concerns about gentrification and evictions.

The anti-eviction legislation, created by Sup. John Avalos and co-sponsored by Sups. Eric Mar and David Campos, seeks to preserve rent-controlled and affordable housing by restricting property-owners’ abilities to demolish, merge, and convert housing units, three of the most common ways that affordable housing units are being eliminated in the city.

There was no discussion of the Avalos legislation today as it was approved on second reading, belying last week’s initial discussion, which got a little heated at times. “San Francisco is facing a crisis,” Avalos said last week as he conveyed the importance of passing the ordinance before the end of the year. “We’ve been called on by our constituents to declare a state of emergency for renters in the city.”

Last month, Campos held a high-profile hearing at the board on the city’s affordable housing and eviction crisis, and won approval for his legislation to double how much tenants being evicted under the Ellis Act receive. Today’s board meeting also includes a first reading of legislation by Campos to help protect tenants in rent-controlled apartments from being harassed by landlords seeking to force them out and increasing rents.

“We have heard about tenants being locked out of their apartments. We have heard about loud construction work being done…for the purpose of forcing the tenants out,” Campos said today of his legislation to allow targetted tenants to have complaints heard by the Rent Board rather than having to file a lawsuit. Later, Campos said the legislation sends the message “that is not something that is going to be tolerated in San Francisco.”

Campos’ legislation also received unanimous approval and little discussion, even by supervisors who generally side with landlords over tenants, perhaps including just more potent this issue has become. Board President David Chiu also today introduced a resolution to support his work with Mayor Ed Lee and Sen. Mark Leno to amend the Ellis Act at the state level, hoping to give the city more control over its rent-controlled housing. 

Avalos last week said he is so convinced of the urgency of the current situation that he responded to concerns voiced during the Land Use and Economic Development Committee Meeting on Dec. 9 about how the new legislation would work in the cases of temporary evictions and residential hotels by immediately making amendments to the ordinance without objection.

Nonetheless, further questions arose during the Dec. 10 meeting. Sups. Norman Yee and Katy Tang expressed reservations about the legislation applying in the case of owner move-in (OMI) evictions.

“I would love to support the piece, but this part just doesn’t make sense to me,” Yee concluded. “I’m not getting how it hurts the tenants.”

While Avalos explained that OMI evictions still take affordable housing off the market, he agreed to compromise by reducing the ordinance’s 10-year moratorium on demolishing, merging and converting housing units to five years.

Then, Sup. London Breed spoke up.

“This might not be popular for me to say as a legislator, but I’m very confused,” she began. “I know we have this crisis of Ellis Acts around the city, but I really feel pressured, and that this legislation is being rushed. I can’t support something that I don’t completely understand the impacts of. I just need more time.”

While Breed did not have the chance to review the legislation before the meeting, she had found the time to prepare speeches about President Nelson Mandela’s passing last week and her alma mater Galileo High School’s recent football victory.

Concurring with Breed, Cohen stated, “I understand that we are in a crisis of protecting our rental stock units, but I’m hesitant. Connect the dots for me, how does this save rentals? Or conserve affordable housing? What are we trying to do here?”

Kim reprimanded her fellow board members for not attending the meeting prepared, then stated, “I would support moving the ordinance forward today. The situation we are facing here in the city is extremely challenging…and this legislation is one of the tools we have for it.”

Sup. Scott Wiener and David Chiu echoed Kim’s support, commending Avalos for promptly addressing their former issues with his amendments and additions.

When Cohen used her time on the floor to respond to Kim’s admonition by stating, “I certainly do my homework. I don’t want to be made to feel bad for not getting it on the first time,” Campos suggested that it might be a good time to put the discussion on hold and open the floor for public comments.

While members of the community stepped up to the visitors’ podium, Yee and Campos met at the back of the room while Breed conversed with Sophie Hayward of the Planning Department, who had reviewed the ordinance before it was presented for recommendations. After further discussion with Avalos himself, Yee returned to his seat to speak with Tang. Satisfied with what she learned from Hayward, Breed came over to discuss the ordinance with Campos and Avalos. Cohen remained seated for the duration of the time, speaking with no one.

After the conclusion of public comments, Avalos reiterated the importance of passing the ordinance as soon as possible. “We have been called on by scores, hundreds of people, to preserve this stock,” he stated. “This legislation will help keep families in San Francisco.”

The ordinance was passed unanimously in its first reading, but the fight is not over. Breed for one made it clear that, while she understood the ordinance better after her preceding discussions, she was only giving it her support because she knew the legislation would be up for further review in a week, when all the supervisors will have had time to study it more closely.

With the affordable housing and displacement issues only generating more heat in the last week, today there was only prompt, unanimous approval and no discussion. 

Serial evictors named in mapping project

The San Francisco Anti-Eviction Mapping Project – the same tenant advocates who produced this time-lapse of Ellis Act evictions – have published a new interactive data visualization, displaying locations of properties where seniors and disabled tenants were ousted by no fault of their own.

Showing data over the last three years, the map plots locations of where tenants were evicted under the Ellis Act, and displays the identities of the responsible landlords for each affected unit.

“Waiting lists for public senior housing take years. Often senior and/or disabled tenants are forced to leave San Francisco altogether, or end up on the street homeless,” Anti-Eviction Mapping Project organizers wrote in a statement accompanying the interactive map. “If dispossessed from the city, they often lose access to vital city-subsidized healthcare and community support that they had been reliant upon.”

At today’s (Tue/26) Board of Supervisor’s Meeting, legislation seeking to assist seniors affected by Ellis Act evictions won preliminary approval by the full board. Called the Ellis Act Displaced Emergency Assistance Ordinance, it prioritizes evicted seniors when they seek to access affordable housing programs administered by the city.

“We need this measure to keep residents who have no other means of permanent housing from becoming homeless,” said Board President David Chiu, who cosponsored the legislation along with Sups. David Campos, Jane Kim, Eric Mar and London Breed.

The Anti-Eviction Mapping Project also released a time-lapse plotting the total number of no-fault evictions from 1997 to 2013. A counter that starts when you hit the play button breaks down the number of units where evictions were carried out under the Ellis Act, via owner move-in evictions, and through demolition.

The grand total for that timeframe is 11,766 no-fault evictions. That’s counting units, not individual tenants. Owner move-in evictions made up the lion’s share, with 6,952 units affected. Watch the visualization here.

Meanwhile, tenant advocates who are developing these data-driven presentations are also conducting a survey to gather information for another mapping project in the works.

On the Cheap: November 6 – 12, 2013

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On the Cheap listings are compiled by Guardian staff. Submit items for the listings at listings@sfbg.com. For further information on how to submit items for the listings, see Selector.

WEDNESDAY 6

“The Big Book of Orgasms: 69 Sexy Stories” Good Vibrations, 1620 Polk, SF; www.goodvibes.com. 6:30pm, free. Contributors read from editor Rachel Kramer Bussel’s latest erotica anthology.

David Henry and Joe Henry Diesel, A Bookstore, 5433 College, Oakl; www.dieselbookstore.com. 7pm, free. The brothers (David’s a screenwriter; Joe’s a musician) discuss their new book, Furious Cool: Richard Pryor and the World That Made Him.

THURSDAY 7

Bill Ayers Booksmith, 1644 Haight, SF; www.booksmith.com. 7:30pm, free. The author discusses Public Enemy: Confessions of an American Dissident, a sequel to his Fugitive Days that delves into his life after the Weather Underground.

Travis Smith and Chris Bale Books Inc., 2275 Market, SF; www.booksinc.net. 7:30pm, free. The authors discuss their best-selling travel book, Guide for the Modern Bear, at this official SF Bear Pride Week (www.sfbearpride.com) event.

FRIDAY 8

“Last Word Reading Series” Nefeli Caffe, 1834 Euclid, Berk; (510) 841-6374. 7pm, free. Poets Ivan Arguelles and Mary-Marcia Castoly read, followed by an open mic.

“A Planned Disappearance Of” Proxy, 432 Octavia, SF; www.deptofarchitecture.com. 6-9:30pm, free. Also Sat/9, noon-8pm, free. Dept. of Architecture gallery presents this pop-up event with sound performances, temporary exhibitions, talks, music, and more.

SATURDAY 9

Daniel Alarcón Diesel, A Bookstore, 5433 College, Oakl; www.dieselbookstore.com. 7pm, free. The San Francisco-based author discusses his latest novel, At Night We Walk in Circles.

“Celebration of Craftswomen” Festival Pavilion, Fort Mason Center, Buchanan at Marina, SF; www.fortmason.org. 10am-5pm. Through Mon/11. $7-9 (free for children 12 and under; two-day pass, $15). Over 190 female artists showcase their wares and skills at this 35th annual juried event. Proceeds benefit the Women’s Building.

“Come Out & Play Festival” Today: Everett Middle School, 450 Church, SF; www.comeoutandplaysf.org. 11am-7pm (Journey to the End of Night, pre-registration required, 7pm), free. Sun/10, Mission Recreation Center, 2450 Harrison, SF. 11am-4pm, free. Local and visiting designers and street-game enthusiasts take to the Mission for smart phone-based games, alternative sports, sidewalk chalk-based adventures, and more.

“Diwali: The Festival of Lights” Brahma Kumaris Meditation Center, 401 Baker, SF; www.bksanfrancisco.com. 6-8pm, free (register online). Celebrate the Indian festival of Diwali, or “festival of lights,” with music and meditation to envision “the dawn of the era of peace, happiness, and prosperity.” Supervisor London Breed is the special guest.

“Issue in Focus: The Chocolate Industry” Eric Quezada Center for Cultura and Politics, 518 Valencia, SF; www.518valencia.org. 6-9pm, $5-10. Food Empowerment Project screens two short films (The Dark Side of Chocolate and The Shady Side of Chocolate) at its first-ever public event.

San Francisco Opera Free Community Open House War Memorial Opera House, 301 Van Ness, SF; www.sfopera.com. 10:30am-2:30pm, free. Onstage musical demonstrations, stage combat workshops, makeup and costume demos, a costume photo booth, scavenger hunt, food trucks, and more highlight this second annual event. Register online to win tickets to The Barber of Seville or The Barber of Seville for Families at sfopera.com/openhouse.

SF Green Festival Concourse Exhibition Center, 635 Eighth St, SF; www.greenfestivals.org. 10am-6pm; Sun/10, 11am-5pm. $10-15. Two-day festival celebrating sustainability and ecology, with cooking demos, environmental films, speakers, activities for kids, a green-biz marketplace, and more.

SUNDAY 10

Novemberfest in Temescal Alley Temescal Alley, 49th St at Temescal, Oakl; www.temescalalleys.com. Noon-4pm, free (beers, $5; all-you-can-drink tasting glass, $15-25; proceeds benefit Walk Oakland Bike Oakland). Live music and a showcase of local craft brewers, including Linden Street Brewery, Calicraft, Ale Industries, Drakes Brewing Company, and others.

MONDAY 11

Gail Carriger Borderlands Books, 866 Valencia, SF; www.borderlands-books.com. 7pm, free. The steampunk author reads from Curtsies and Conspiracies, the second title in her “Finishing School” series.

TUESDAY 12

Roxanne Dunbar-Ortiz University Press Books, 2430 Bancroft, Berk; www.universitypressbooks.com. 6pm, free. The author discusses indigenous resistance and the re-release of The Great Sioux Nation: Sitting in Judgment on America. There will also be a poetry reading by Julie Thi Underhill, a descendant of the indigenous Cham of Vietnam.

“The Fabulous World of Queer Pulp Yesterday and Today” Koret Auditorium, San Francisco Main Library, 100 Larkin, SF; www.sfpl.org. 6pm, free. Pulp icon Ann Bannon, historians Martin Meeker and Jenny Worey, and authors F. Allen Sawyer and Monica Nolan gather to discuss queer pulp paperbacks.

Warren Lehrer Booksmith, 1644 Haight, SF; www.booksmith.com. 7:30pm, free. The artist and author discusses A Life in Books: The Ride and Fall of Beau Mobley. *

 

Why I oppose closing our parks

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OPINION I have great respect for Recreation & Park General Manager Phil Ginsburg, my colleague Sup. Scott Wiener, and my constituents and friends who support the parks closure legislation. I certainly share their concerns about damage to our parks. But I do not think this law is the appropriate means to address it.

I have six fundamental problems with the legislation.

My first concern is the impact this could have on our neighborhoods. There are an estimated 7,350 homeless youth and adults in San Francisco. Many find a shelter bed; some wind up in jail or a hospital. Over 4,300 people, though, have nowhere to sleep.

As the supervisor for District 5, it would be irresponsible for me not to think about this, not to consider what will happen if homeless people are evicted from the parks and wind up sleeping on the doorsteps of my constituents in the Haight, Inner Sunset, or Buena Vista. This would be unjust for the homeless and worse for the neighborhoods.

Second, we have an enforcement problem, not a regulation problem. The Park Code already prohibits: camping, sleeping between 8pm-8am, dumping, drinking (in most parks), being under the influence, damaging the parks, or making loud, “unreasonable” noises.

Unfortunately, at night there are only two or three park patrol officers on the beat for all 220 parks across 3,500 acres.

We can’t enforce the codes we have. Rather than adding a broad, redundant code, I would like targeted improvements to the codes and their enforcement.

Third, it could cost more to enforce this law than we would actually save. Vandalism is distributed all over the park system and does not all occur between midnight and 5am. A dramatic increase in officers could decrease vandalism, but that would cost more than any savings realized.

Fourth, I am sympathetic to the almost-Libertarian argument made by some constituents that: “My tax dollars pay for those parks and if I want to use them at 4am, that is my prerogative.”

Firefighters and others who work late shifts should be allowed to walk their dogs in the park when they get off work. Whenever I raise this point, I am told by the law’s supporters, “Oh it won’t be enforced against them.”

This is exactly the problem, and my fifth concern — that this law will be selectively enforced. If it’s not intended to target the homeless, the firefighter, or the well-groomed neighbor, who is the law designed to target? Suspicious looking people? Teenagers? Young men in hooded sweatshirts?

Lastly, I think there are perfectly legitimate reasons to use the parks at night, and I don’t think our government should be admonishing us otherwise.

Acts can be criminal. Vandalism, dumping, drug use — those are acts. I am not comfortable preemptively criminalizing a person’s presence, or everyone’s presence, in order to deter the few who commit those acts. I am not comfortable limiting everyone’s freedom in order to deter those who abuse that freedom.

But frankly, I am also not comfortable with how politically charged the issue of homelessness has become in San Francisco. Whether this particular law passes or fails, 7,350 people will wake up tomorrow morning not knowing where they will sleep tomorrow night.

We must be creative, unconventional. For example, we could repurpose fallow city buildings as temporary shelters. Would this idea be received as an opportunity or an insult? I hope the former, but I suspect the latter.

We have a political climate in this city which, for a variety of reasons, seems to default to the status quo on homelessness. Well, we need change. We need to acknowledge that not every call for service is a “handout,” nor every call for enforcement a “criminalization.”

Relegating 4,300 people to a cold spot of concrete or grass every night is not compassion; working creatively to change it is not malice. It is leadership. And it is exactly what we need.

London Breed is the District 5 supervisor. The board was scheduled to make its first of two votes on Wiener’s legislation Nov. 5 after our press time. Visit www.sfbg.com/politics for the latest.

UPDATED: Board narrowly approves closing city parks at night

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The San Francisco Board of Supervisors today narrowly approved Sup. Scott Wiener’s legislation to close parks and large plazas from midnight to 5am, a measure that Wiener said was about preventing vandalism but which progressive activists called an attack on the homeless.

The vote was 6-5, with Sups. John Avalos, London Breed, David Campos, Jane Kim, and Eric Mar voting against the proposal. The key swing votes in the decision were Breed — who wrote an op-ed for this week’s Guardian (posting soon) explaining her position — and Sup. Norman Yee, who was elected last year in Dist. 7 with progressive support.

To address the homeless issue, Kim asked for an amendment to make an exception for sleeping in the parks. Without the amendment, “we are criminalizing poverty and issuing fines people will never pay, and not getting the results we wanted,” she said. 

Hundreds of homeless lay their heads to rest in the parks of San Francisco every night as the city struggles to meet housing demand, which is already illegal under city law. Kim’s amendment says those sleeping in parks are to be cited under previously existing codes against sleeping in parks and not double-fined under this ordinance. Wiener supported the amendment and it was inserted into the legislation, although that didn’t end the debate over the legislation or win over its main opponents.

As the legislation was first introduced, Wiener made the argument he’s made many times before. Closing the parks at night is about vandalism, he said. 

“We need to establish a clear baseline that establishes hours for the park to combat vandalism and dumping,” Sup. Scott Wiener told the board. He made the case that most major cities in the U.S. have laws closing their parks and playgrounds at night, and that even New York City had them on the books.

Wiener also directly and flatly denied that his legislation was an attack on the homeless. 

“If the police wanted to remove people sleeping and camping in parks, they already have the tools to do that. This legislation does not give them those tools beyond what they have,” he said. 

But opponents of the measure, who have been organizing against it for weeks, said it will target the homeless and be selectively enforced. As Mar said at the hearing, “I think this is a really mean-spirited ordinance.”

And that’s when the avalanche of arguments began. Campos, Mar, Avalos, and Kim all  passionately defended the homeless that sleep in the parks. But no one brought more facts to the argument than Breed.

“We have 1,339 shelter beds and 6,000 people in San Francisco with nowhere to sleep,” she said. “I’ve been told again and again this will not target the homeless. But if it doesn’t target the homeless or the investment banker or the firefighter, who will this law target? Suspicious looking people in hoods? Teenagers?” 

The room took on a chill as she evoked echoes of Trayvon Martin and others who have been selectively targeted in the name of justice. Enforcement was her next bone of contention. There are only a handful of park police, often only two, that patrol over 220 parks in San Francisco, she said. 

If the ordinance is supposed to combat vandalism, it doesn’t even do that effectively, she said to the board: “We don’t have a legislative problem, we have an enforcement problem.”

To that end, Yee amended Wiener’s proposal to identify more funding for the park police. Everyone on all sides of the argument acknowledged that two to three officers to cover over 4,000 acres of San Francisco parks was woefully inadequate. 

It’s still unclear where that funding will come from, and how much it will be. 

After the meeting the Guardian asked Police Chief Greg Suhr, who was present for the meeting, if the homeless would be targeted under the ordinance.

“We’re not that Police Department,” he said. But he also said the controversial Sit/Lie Ordinance doesn’t target homeless people either, a claim that homeless advocates would dispute. “We’re a reasonable suspicion detention department.” 

An audio interview with Police Chief Greg Suhr just after the park closure legislation passed, where we asked Suhr, “Will the homeless be targeted?”

Tom Temprano, president of the Harvey Milk LGBT Democratic Club, disagreed. 

“I think that anyone who tells you the homeless will not be targeted in legislation that closes our parks at night are lying to you. There’s no other way to read this legislation,” he said. Temprano was one of the lead organizers of the sleep-in protest of the ordinance, which we previously covered.

When we asked if the ordinance would spur increased law enforcement in the parks, Suhr referred us elsewhere. 

“I leave the deployments to the station captains… certainly [the captains] have a pulse on what’s going on in the parks,” he said. 

So we called Captain Greg Corrales at Park Station, which oversees one of the most populous sections of Golden Gate Park, filled to the brim with campers. Corrales told us he didn’t imagine this ordinance would spur him to increase patrols or enforcement.

“There will not be more officers. The hours of the park have been posted on signs in the park, and past closing time people were cited for failure to abide by the signs,” he said. 

They cite 10-20 people for sleeping in the park per night, he said. As Kim noted, often these don’t lead to any prosecutions at all. 

But as for vandalism, Corrales said that there was recently a vandal throwing rocks through the windows of the Conservatory of Flowers and McLaren Lodge in Golden Gate Park. Would the ordinance help curb people from that kind of behavior?

“We’re already enforcing park closure,” he said. “It really doesn’t have much impact on us.” 

 

Red herring or not, park closure vote delayed while supes seek police input

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There is only one police chief in this town, and no law regarding the usage of public parks shall pass without him. Or so they said yesterday when Sup. Scott Wiener continued for a week consideration by the Board of Supervisors of his controversial proposal to close the city’s parks and plazas at night.

Wiener – champion of the legislation that homeless advocates say specifically target the City’s homeless population — motioned for continuance on the hotly contested agenda item after Police Chief Greg Suhr was unavailable to discuss how the measure might be enforced. The motion was seconded by Sup. Malia Cohen and passed without objection. 

But the continuance request means that Wiener will have to deal with what he calls an “epidemic of vandalism” for another week as well. The legislation would amend the “Park Code to establish hours of operation for City parks from 5am to midnight, with certain exceptions; and make environmental findings.” 

“It’s long been illegal to sleep or camp in parks,” said Sup. Wiener. “[Police] don’t need another law.” 

“This. Is. About. Vandalism,” Recreation and Parks Department General Manager Phil Ginsburg told the Guardian. “The homeless won’t be thrown out. The laws are already on the books, man.”

And while Wiener and those in the RPD have continued their insistence that that the legislation was written explicitly to target late-night vandalism, illegal dumping, and other nefarious activities not related to homelessness, opposition to the legislation say it’s “red herring” legislation that, on its face, claims to combat vandalism, but underneath is actually a bill targeting the homeless.

Wiener disagrees with this stance, however, and actually called the argument made by the legislation’s opposition — that the bill is a “red herring” ostensibly aimed at vandalism, but that really targets the homeless — a “red herring” as well. A red herring, historically, is a distraction. It’s a Trojan Horse, a magician’s assistant, a tool designed to confuse and obfuscate actual information or intent. 

It is a term that first found a foothold in the hunting world, but made it’s transcendental leap into the world of politics. Politicians have employed the use of “red herrings” in the past. But why would a group called the Coalition on Homelessness actually support vandalism, as the supervisor’s “red herring” comments would suggest?

When this fact was pointed out, Wiener told the Guardian that he “wasn’t going to speculate.” (And neither will we, at least as to why the supervisor chose to use the phrase “red herring” to describe the COH’s argument in the first place.)

But regardless of rhetoric, next week’s vote promises to be close. COH Executive Director Jennifer Friedenbach told the Guardian last week that she had the support of the four most progressive supervisors — John Avalos, Jane Kim, David Campos and Eric Mar — and needed just two of the three swing votes to shoot down the legislation. Those three undecided votes rest in the hands of Sups. London Breed, Katy Tang and Norman Yee.

“This is going to be a close vote,” said Wiener.

But a vote that will have to wait a week.

 

Homeless advocates fight Wiener on park closures

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The Coalition on Homelessness has launched a campaign to defeat Sup. Scott Wiener’s legislation to close down all city parks and most major plazas from midnight to 5am, which the Board of Supervisors is set to consider on Oct. 29. Activists are targeting three swing votes who could decide the controversial issue: Sups. London Breed, Norman Yee, and Katy Tang.

In an email blast to supporters, COH urged people to contact those three supervisors to raise their concerns, even suggesting a script that includes these arguments, “It further eliminates access to public space for all, it will displace homeless people, and is a waste of city funds.” [UPDATE: To protest the proposal, the Harvey Milk LGBT Democratic Club is hosting a “sleep-in” protest at Dolores Park tonight (Mon/28) starting at 9pm.]

COH Executive Director Jennifer Friedenbach told the Guardian that she has the support of the four most progressive supervisors — John Avalos, David Campos, Jane Kim, and Eric Mar — and that she just needs two of the three swing votes that COH is targeting to kill the measure outright and avoid the kind of compromise that has become Board President David Chiu’s specialty this year.

She said the measure would be particularly harmful to the homeless LGBT community and other vulnerable populations that seek refuge at night in Golden Gate Park and other hidden spots, but that it’s bad for everyone. “It forces them out into the storefronts and streets and neighborhoods and nobody will be happy with that,” she said.

Wiener denies that the measure is aimed at the homeless, telling the Guardian that his intent is to address graffiti, illegal dumping, and damage done to park facilities overnight. “We’ve had an epidemic of vandalism in our parks and it’s getting worse,” Wiener told us. “It’s a significant problem and it absolutely degrades people’s ability to use the parks.”

Friedenbach said she appreciates that Wiener isn’t aiming his rhetoric at the homeless, even though she said that’s who will be most effected by it.

“It’s great in terms of not bashing homeless people, but we know every time something like this comes up, it increases public anger toward homeless people,” she told. And she notes that the measure is being trumpeted by people who do want to use it to go after the homeless, including Mayor Ed Lee, who went off script last month and told the Examiner that he hopes the measure will be a tool to clear the homeless from Golden Gate Park.

“The mayor said it was a great idea because we need to get the homeless people out of the park,” Friedenbach told us, noting also that, “Wiener has had a thing of going after homeless people.”

Wiener denies that this is about the homeless, and he responded to Lee’s comments by telling us, “I can’t speak for anyone else.” He also said that it’s already illegal to sleep in the parks and “to the extent the police want to do sweeps in the parks, they can already do so.”

The measure would apply the closing hours to all property controlled by the Recreation and Parks Department, which includes every city park and the city’s largest plazas, including Civic Center Plaza, Justin Herman Plaza, and Union Square.

“One thing people don’t think about is this also applies to the plazas,” Friedenbach told us. “A lot of our plazas are hangout spots late at night, and there’s no reason they shouldn’t be.”

Wiener said that small plazas, such as Harvey Milk and Jane Warner plazas in the Castro, aren’t under RPD jurisdiction and therefore aren’t effected by his legislation. And he said the ordinance was already modified to allow people to walk through the affected plazas without stopping, and that he’s open to further amendments.

As for his chances of success in the face COH’s activism on the issue, he told us, “I’m not sure what’s going to happen on the 29th.”

Homeless advocates fight Wiener’s effort to close parks at night

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The Coalition on Homelessness has launched a campaign to defeat Sup. Scott Wiener’s legislation to close down all city parks and most major plazas from midnight to 5am, which the Board of Supervisors is set to consider on Oct. 29. Activists are targeting three swing votes who could decide the controversial issue: Sups. London Breed, Norman Yee, and Katy Tang.

In an email blast to supporters, COH urged people to contact those three supervisors to raise their concerns, even suggesting a script that includes these arguments, “It further eliminates access to public space for all, it will displace homeless people, and is a waste of city funds.”

COH Executive Director Jennifer Friedenbach told the Guardian that she has the support of the four most progressive supervisors — John Avalos, David Campos, Jane Kim, and Eric Mar — and that she just needs two of the three swing votes that COH is targetting to kill the measure outright and avoid the kind of compromise that has become Board President David Chiu’s specialty this year.

She said the measure would be particularly harmful to the homeless LGBT community and other vulnerable populations that seek refuge at night in Golden Gate Park and other hidden spots, but that it’s bad for everyone. “It forces them out into the storefronts and streets and neighborhoods and nobody will be happy with that,” she said.

Wiener denies that the measure is aimed at the homeless, telling the Guardian that his intent is to address graffiti, illegal dumping, and damage done to park facilities overnight. “We’ve had an epidemic of vandalism in our parks and it’s getting worse,” Wiener told us. “It’s a significant problem and it absolutely degrades people’s ability to use the parks.”

Friedenbach said she appreciates that Wiener isn’t aiming his rhetoric at the homeless, even though she said that’s who will be most effected by it.

“It’s great in terms of not bashing homeless people, but we know everytime something like this comes up, it increases public anger toward homeless people,” she told. And she notes that the measure is being trumpeted by people who do want to use it to go after the homeless, including Mayor Ed Lee, who went off script last month and told the Examiner that he hopes the measure will be a tool to clear the homeless from Golden Gate Park.

“The mayor said it was a great idea because we need to get the homeless people out of the park,” Friedenbach told us, noting also that, “Wiener has had a thing of going after homeless people.”

Wiener denies that this is about the homeless, and he responded to Lee’s comments by telling us, “I can’t speak for anyone else.” He also said that it’s already illegal to sleep in the parks and “to the extent the police want to do sweeps in the parks, they can already do so.”

The measure would apply the closing hours to all property controlled by the Recreation and Parks Department, which includes every city park and the city’s largest plazas, including Civic Center Plaza, Justin Herman Plaza, and Union Square.

“One thing people don’t think about is this also applies to the plazas,” Friedenbach told us. “A lot of our plazas are hangout spots late at night, and there’s no reason they shouldn’t be.”

Wiener said that small plazas, such as Harvey Milk and Jane Warner plazas in the Castro, aren’t under RPD jurisdiction and therefore aren’t effected by his legislation. And he said the ordinance was already modified to allow people to walk through the affected plazas without stopping, and that he’s open to further amendments.

As for his chances of success in the face COH’s activism on the issue, he told us, “I’m not sure what’s going to happen on the 29th.”

Parking and the gentrification of food

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STREET FIGHT Professor Don Shoup, an icon in San Francisco planning circles, is famous for illuminating that there is no such thing as free parking. In his voluminous book The High Cost of Free Parking, Shoup breaks-down the costs of building parking spaces and the land underneath.

Beyond that there’s lighting, insurance, security, maintenance, ventilation, financing, contracting, and surveying costs. There’s also the additional property tax on the parking, and piling onto that, the vast external costs to society with congestion and pollution from car trips generated by parking.

While all of this might seem obvious, the virtue in Shoup’s work was to show how the costs of parking are regressive and passed onto communities, especially low income households and non-drivers. For example, a grocery store bundles parking into the price of food and this is disproportionately borne by non-drivers.

In a sense, free parking causes the gentrification of food.

In San Francisco, underground parking costs anywhere from $80,000 to $100,000 per space to construct. In the proposed supermarket at 555 Fulton Street, the 77 spaces proposed underneath the store will cost anywhere from $6.1 million to $7.7 million to build.

That’s millions that will be passed on to a grocery store tenant and ultimately to shoppers. And that’s just to build, not operate, the parking. This adds more burden to the already tight pocketbooks in a gentrifying city like San Francisco.

Parking also complicates the issue of grocery stores and formula retail, making developers prefer a chain store because it can access the financing to build parking. So parking literally “drives-up” the rents for tenants seeking to lease the space. This makes it more difficult to find an affordable, local, non-chain grocer while also translating into higher food prices, since grocers transfer the cost of parking onto all shoppers regardless of how they got there and regardless of the shoppers’ income.

All of this came to a head last week at the San Francisco Planning Commission hearing on 555 Fulton, a proposed mixed use development that might include a grocery store. The Commission voted 4-2 to lift a formula retail ban on this site, concluding that only a chain store is “economically viable.” (Disclosure: I publicly advocated against that exemption as a member of the Hayes Valley Neighborhood Association).

This was not just a blow to the city’s unique character in terms of guarding against chain stores. It undercuts sustainable and affordable urbanism and will lead to gentrified food. Here’s a brief summary of what happened:

In the early 2000s, the old Christopher Dairy at 555 Fulton, between Laguna and Octavia, was identified as a good location for a supermarket as part of a larger mixed-use development. The site was folded into the Hayes Valley formula retail ban to encourage an independent, community-based supermarket with fresh produce, high quality food affordable to nearby residents, and jobs for locals.

In 2010, the Planning Commission approved the first iteration of this project, with 136 housing units above a non-chain grocery store. Neighbors were very excited to have a local supermarket to serve the whole community and the developer did not try to circumvent the chain store ban. The community and Planning Department were working together.

In late 2012, the site and its entitlements were sold to a new developer, Fulton Street Ventures. It immediately informed the community that it would seek to lift the ban. HVNA unanimously opposed lifting the ban and Planning Department staff supported HVNA’s position. At that point, it seemed that the planners had read and understood Shoup.

For its part, HVNA compiled a list of potential non-chain store candidates and proposed creative ways to make the site work for a locally owned business, with perhaps some space allotted to a hardware store or other neighborhood-serving shops. HVNA also proposed reducing the parking at the site in order to make the store affordable.

The Market and Octavia Plan, which includes 555 Fulton, allows a grocery store to have less parking than the 77 the developer wants, and even zero parking. The developer could eliminate some or all of the parking, reduce construction costs, and reduce the asking price for a lease. This area is flat, incredibly walkable and proximate to thousands of existing residents, with thousands more on the way.

A car-free or car-lite grocery store can deploy innovative ways of delivering groceries, such as a jitney service or delivery vans, for those who need such service, and to limit the amount of store parking to a small number of car share and disabled parking stalls. This kind of grocery store would be at the cutting edge of truly sustainable urbanism, while also providing more affordability to all residents of the community.

Yet another Shoup axiom is “Planning for parking is more a political than a professional activity.” Instead of being creative, Fulton Ventures balked at the parking ideas and employed divisive race-baiting to push its profit-driven agenda. It financed a quiet campaign to accuse anyone supporting the formula retail ban and reducing parking as racist and elitist. It leaned heavily on City Hall and somehow got the Planning Department to suddenly retract its support for upholding the chain store ban. Sup. London Breed, who remained publicly detached, insisted that all she cared about was an affordable supermarket, but she offered no path to achieve it.

In a confusing Oct. 3 hearing, supporters of Fulton Ventures LLC made below-the-belt public comments that seemed to come straight out of a Tea Party playbook. It was tough to watch. Their position was that a chain store with excessive underground parking was the only way to an affordable grocer — anything short of that was racist. The commission voted 4-2 to lift the ban.

By lifting the formula retail ban, the city lost leverage for making the store affordable while also providing fresh food for thousands of people within walking distance. And the many car-free households of the Western Addition and Hayes Valley will get to breathe the car fumes from upscale shoppers. The commission gentrified food.

All is not lost though. The damage done by the Planning Commission can be overturned or fixed at the Board of Supervisors. Breed states she cares about affordability, local small business, and the city’s transit-first policies. She can put conditions on this project that reduces the parking, or decouples the parking from the lease for the commercial floor space, thus making the project economically viable for an affordable grocer. She can demand other creative and sustainable solutions which planners so far have not considered. She doesn’t have to give it away to a chain store. And if you care for affordable groceries with less driving, and want to stop the gentrification of food, write her and let her know.

Chain store ban and affordable groceries at issue in 555 Fulton debate UPDATED

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UPDATED San Francisco’s resistance to formula retail stores will be put to the test tomorrow (Thu/3), when the San Francisco Planning Commission will vote on the 555 Fulton St. project.

The project — a five-story, 136-unit residential building with a ground-floor supermarket, complete with up to 275 total parking spaces— has been bobbing in purgatory since 2010, when developers were stalled by the withering economy.

But dried-up finances aren’t what’s now holding up the development of this project in an area governed by the Market and Octavia Better Neighborhood Plan and the Formula Retail Use Ordinance, both of which discourage national chains in favor of locally owned businesses.

Debate is centering on the question of whether the formula retail ban prevents an affordable grocery store from going in at the site, as the developer contends. The politics surrounding the project have gotten heated, with Hayes Valley Neighborhood Association supporting the ban on chain stores; the Mayor’s Office, Chinatown power broker Rose Pak, and Planning Director John Rahaim supporting the developer and project contractor Walter Wong; and Dist. 5 Sup. London Breed caught in the middle.

Last week, her legislative aide Vallie Brown told HVNA that Breed would support their request for a continuance at tomorrow’s meeting while they explore ways to attract an affordable local grocer, but Breed seems torn between what she told the New Yorker recently were desires to make affordable groceries available and prevent the boutiqueing of Hayes Valley, and her support for the formula retail ban.

“Breed said that despite the ban, she’s willing to allow a chain grocery store into the area to make it more affordable for residents,” reporter Lauren Smiley wrote in the article. The Guardian has been unable to reach Breed or Brown this week.

[UPDATE: Breed told the Guardian that her biggest concern is that the grocery store is affordable to the three low-income housing projects located right across the street, and she has yet to be convinced that can happen without breaking the formula retail ban at the site, despite working on the issue with both activists and the developer.

“It’s a challenge, I get that,” Breed told us. “I want the developer to operate with me in good faith and make a serious long-term commitment to me that this will be an affordable grocery store.”

But she doesn’t yet have that full commitment, and she says that she’s planning to honor her commitment to activists and ask that the formula retail waiver be delayed today even if the rest of the project goes through. “Ultimately, I asked them to be a good community partner,” she told us.]

For Hayes Valley, this has been a near decade-long process. In 2004, the Board of Supervisors first outlawed these generic retailers from opening up shop within the Hayes-Gough Neighborhood Commercial Transit (NCT) District when it passed Ordinance No. 62-04, classifying “formula retailers” and limiting their impact within unique neighborhoods. The ordinance keeps local businesses viable, keeping deep-pocketed corporations out.

The 555 Fulton project falls somewhere between the Hayes-Gough NCT and the Residential Transit Oriented District (RTO), and currently, a two-story, 19,620-square-foot office and industrial building with about 70 surface parking spots inhabits the address.

Both the neighborhood residents and the developers have historically felt that the property would make for an excellent grocery store. “What” has never been an issue with the property. “Who” on the other hand, has been the biggest issue.

In order for 555 Fulton to be developed by a “formula retail” outlet — which have been the only types of occupants the current developers believe to be able to pay the exorbitant established rent costs  — the property technically located in the Hayes-Gough NTC needs to be designated as a “Special Use District” (SUD).

An SUD adjusts the land use controls and height restrictions for a specific piece of property, in this case allowing for a “grocery store larger than 15,000 square feet of gross occupied floor area, as well as residential uses meeting a minimum density of one dwelling unit per 600 feet of lot area.” And up until April, the property was an SUD.

Back in 2008, 555 Fulton was granted its SUD by Section 249.35A of the Planning Code Section, which established the “Fulton Street Grocery Store Special Use District.” In 2010, the Planning Commission approved both a Conditional Use Authorization and a Planned Unit Development, allowing the developer of the subject property to build their mixed-use grocery store-residential building. Neither of these exceptions allowed for a “formula retail” outlet at the time, but interest still seemed solid.

Then everything stalled. And stalled. And stalled some more. Things have remained idle for so long that the five-year window given to the Fulton Street Grocery Store SUD expired this past April. Now, the developers are asking for five more years on the same Fulton Street Grocery Store SUD that was allowed to a different development group in 2008.

But it isn’t exactly the same request this time: Now the developers are trying to get an SUD without a provision on “formula retail” outlets, and both sides are expected to turn out big numbers on each side of the question at tomorrow’s hearing, which starts at noon in City Hall Room 400.

LAFCo should launch CleanPowerSF

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OPINION Last month, the Mayor’s Office and San Francisco Public Utilities Commission (SFPUC) — largely at the mayor’s behest — refused to launch CleanPowerSF, a program which is absolutely crucial to leading the country and the world to reverse the climate crisis (see “Power struggle,” Sept. 18).

The Board of Supervisors must now use its state-granted authority to activate San Francisco’s Local Agency Formation Commission (LAFCO) to launch CleanPowerSF, regardless of SFPUC.

CleanPowerSF plans currently waiting to be implemented would create 1,500 jobs a year for the next 10 years, and install over 400 megawatts of local clean electricity projects. By 2024, 50 percent of our electricity would be generated by such local clean installations.

The newest proposed rates for CleanPowerSF are now fully competitive with PG&E, and the SFPUC’s staff (before the mayor intervened) was making unprecedented progress on the local clean energy installation plans. So at the SFPUC’s Aug. 13 hearing on CleanPowerSF rate-setting, community and environmental advocates stood unanimously to urge that the program be launched.

For the mayor and SFPUC of what is supposed to be one of the most environmental cities on Earth to completely ignore those community advocates, and throw a monkey wrench into the launching of CleanPowerSF, is simply beyond the pale.

Thankfully, in its wisdom, when the 2002 California Legislature passed the Community Choice law that made CleanPowerSF possible, it put city councils and county boards legally in charge of such programs (not mayors).

So is not up to the Mayor’s Office whether or not CleanPowerSF is launched. It is instead the job of the San Francisco Board of Supervisors. And in a resounding 9-2 vote on Sept. 17, the Board of Supervisors raked the SFPUC (and by extension, the mayor) over the coals for not initiating CleanPowerSF. The vote was in favor of Sup. London Breed’s resolution demanding that the SFPUC obey the will of the board and launch CleanPowerSF immediately.

That’s a great first step, but the board now needs to go beyond resolutions and take decisive action through LAFCo, its most powerful tool for moving CleanPowerSF. LAFCo is independent of city government, is funded and tasked to oversee new enterprise programs like CleanPowerSF, and four of its five members are elected supervisors.

 

This independent supermajority can check mayoral overreach, and the LAFCo’s current board commissioners are John Avalos, David Campos, Eric Mar, and London Breed, all advocates of CleanPowerSF.

LAFCo was specifically given the budget and authority to act on CleanPowerSF when SFPUC fails to do so, and has already done this successfully in the past. When CleanPowerSF was first created in 2004, SFPUC refused to draft an implementation plan. In response, LAFCo stepped in with its own implementation plan and SFPUC, not wanting to lose influence, got back to work.

In 2011, SFPUC tried to sidetrack CleanPowerSF into only purchasing (but not building) clean power, refusing to fund planning work to establish a local installation and green jobs program. LAFCO stepped in to fund that work itself, and again SFPUC came back to the fold and hired Community Choice experts Local Power to do the work.

Now, yet again, SFPUC is refusing to do its job. Six months ago, it abruptly halted work on the local buildout and green jobs plan, and last month SFPUC put the whole program on hold by not setting rates.

LAFCo must now use its authority and leverage to both remove the rate-setting road block, and get the CleanPowerSF local buildout planning back on track. Eric Brooks is the sustainability chair of the San Francisco Green Party.

Power struggle

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steve@sfbg.com

Jason Fried could barely believe what was coming out of the squawk box in his office at the San Francisco Local Agency Formation Commission on Sept. 10, as he listened to Mayor Ed Lee describe the CleanPowerSF program Fried had spent years helping to develop.

The program would give San Franciscans the choice of buying their electricity from clean, renewable energy sources rather than Pacific Gas & Electric’s oil, coal, hydro, and nuclear dominated power portfolio, a program that was finally able to become competitive with PG&E on price and still fund the creation of local clean energy projects.

But the program that Lee described — which three of his appointees on the San Francisco Public Utilities Commission have recently decided to block, against the wishes of the Board of Supervisors supermajority that approved it (see “Fizzling energy,” Aug. 21) — sounded nothing like the program that Fried, LAFCo’s senior program officer, knows so well.

As Lee described it, CleanPowerSF is “based on vague promises” and has “questionable environmental benefits,” claiming it has “gotten progressively more expensive” and “creates no local jobs.”

“What the San Francisco Public Utilities Commission did was in the best interests of the city,” Lee said. The city has spent untold hours and dollars over the last decade developing and approving CleanPowerSF.

“It was very frustrating to watch, particularly when you see him just making stuff up,” said Fried. “If he wants to be against CCAs [Community Choice Aggregation, that state-created program the CleanPowerSF is a part of], fine, just say that…But he wasn’t even getting his numbers right.”

 

LIES, DAMN LIES, AND STATISTICS

Questioned by the Guardian following his monthly mayoral policy discussion at the board, where all five questions from frustrated supervisors were about CleanPowerSF, Lee cast himself as sticking to the facts.

“I know that elements of this are somewhat complicated because you have to actually read a lot of volumes of materials to understand the choice aggregation program,” Lee said, claiming, “I’m taking it exactly from facts that were presented.”

But in reality, Lee was cherry-picking facts that were either out-of-date or presented in a misleading way, while ignoring inconvenient questions like how the city can still achieve its clean energy goals without it, or why his appointees are subverting broadly supported public policy on technical grounds that appear to exceed their authority.

Take Lee’s claim that the CleanPowerSF program approved by the board “was 95 percent renewable on day one,” which he used to support his argument that “when the final project is so vastly different than the original intent, the SFPUC has to intervene.”

Lee is referring to the “three buckets” from which the program will draw its energy, as defined by the California Public Utilities Commission. Bucket 1 is the gold standard: juice coming directly from certified renewable energy sources in California. Bucket 2 is renewable energy that isn’t reliable and must be “firmed and shaped” by other energy sources, such as wind or solar farms supplemented by fossil fuels when there’s little wind or sunshine. And Bucket 3 is Renewable Energy Credits, which support creation of renewable energy facilities or green power purchased from other states.

When the board approved the program in September 2012, the SFPUC called for it to secure 10 percent of the power from Bucket 1, 85 percent from Bucket 2, and 5 percent from Bucket 3, although these were just guidelines and the SFPUC was specifically authorized to change that mix.

Lee and other critics of the program decried the program’s cost of more than 14 cents per kilowatt-hour, while supporters worried the price would cause more customers to opt-out, so the SFPUC decided to allow more RECs, while also substantially increasing the amount of guaranteed green power.

“The difference between buckets two and three is not that big a difference,” Fried said, noting the Bucket 2 can actually include a substantial amount of dirty energy. “It really depends on how you’re firming and shaping.”

So the SFPUC increased the size of Bucket 1 to 25 percent and Bucket 3 to 75 percent, with idea being that RECs are only an interim step toward issuance of revenue-bonds to build renewable energy projects that would eventually fill Bucket 1 to overflowing. All for the not-to-exceed rate of 11.5 cents per kilowatt-hour that the SFPUC is refusing to approve.

“Our entire mix would be 100 percent greenhouse-gas-free, but the mayor is ignoring that because it doesn’t fit his ‘green’ argument,” Fried said, also noting that it would be generated in-state by union workers. “PG&E can’t make that same claim.”

CPUC statistics show PG&E derives less than the state-mandated 20 percent of its energy from clean, renewable sources, and that the percentage of its portfolio that is greenhouse gas-free actually dropped in 2012, to 51 percent from 59 percent in 2011. And despite Lee’s emphasis on local jobs, PG&E’s three largest solar projects built in 2012 are outside California.

By contrast, CPSF contractor Shell Energy North America wrote in an Aug. 12 letter that in addition to setting aside $1.5 million for local buildout after its first year, which “should create local jobs,” it is now negotiating in-state wind and hydroelectric (“operated by union labor”) contracts to meet the program’s demands.

But at this point, supporters of the program are running out of options to get that contract approved.

 

“CHARTER CRISIS”

CleanPowerSF has broad political support in San Francisco, from Sups. David Campos, John Avalos, and other progressives, to moderates including Sup. Scott Wiener and state Sen. Mark Leno, who authored legislation to protect nascent CCAs from PG&E meddling and has been a steadfast supporter of CleanPowerSF.

“There’s a constitutional crisis, or a [City] Charter crisis, of sorts,” Leno said, referring to the standoff. “The legislative body has been unequivocal in its desire to proceed and it’s not for this commission to interfere with that decision.”

Leno said PG&E and its allies have played strong behind-the-scenes roles in sabotaging this program. “They are definitely exerting their influence,” Leno said, “they have never stopped trying to derail this.” SFPUC Chair Art Torres, who is leading the obstruction, didn’t return a Guardian call for comment.

If there is a silver lining, Leno said it’s that “PG&E has had to present its own version of green energy. But the two can coexist. We want competition.”

So does Fried, LAFCo, and all of the supervisors who sit on that commission, which has long tried to break PG&E’s monopoly.

“It’s close to checkmate, but we’re trying to breathe new life into this,” Sup. John Avalos, who sits on LAFCo, told us. “Part of the politics can be seen in the mayor’s statements, which are full of misinformation.”

Sup. David Campos, also on LAFCo, told us CleanPowerSF is “a good program, and it’s consistent with what the Board of Supervisors approved. I think it’s a mistake for the city not to move on this and it’s a bad thing for consumers.”

The newest member of LAFCo, Sup. London Breed, authored a resolution supporting CPSF that the Board of Supervisors was set to consider on Sept. 17, after Guardian press time. It recites a history of strong support for the program by the Board of Supervisors, starting with a unanimous votes in 2004 and 2007 to launch the CCA and continuing through the supermajority approval of CleanPowerSF and a $20 million appropriation to launch it in September 2012.

It noted that the SFPUC held 18 meetings on the program between September 2012 and August 2013, and that its Rate Fairness Board determined that rates for the Phase 1 are “technically fair.”

The resolution emphasizes an important governance issue at stake: “Irrespective of the particular policy decision, the Board of Supervisors must protect and defend its authority to make policy decisions.”

Yet there’s been a concerted effort to undermine CleanPowerSF this summer, led by appointees and allies of Lee and PG&E.

At the Aug. 6 Commission on the Environment meeting, Commissioner Joshua Arce pushed Department of the Environment head Melanie Nutter to renounce CPSF as no longer a green power program, something she refused to do. Arce fell a vote short of approving a resolution characterizing the program as not meeting “all of the commission’s original goals” and urging the SFPUC “to work with the Department of the Environment to craft a program that is acceptable to the San Francisco Environment Commission.”

Breed said she was disappointed in Lee’s approach, although she takes him at his word when he says he’s open to alternatives.

“The questions were answered, but there wasn’t any closure in terms of what this means for the future,” Breed said. “If not this program, what’s the alternative?”

If the city is going to meet its greenhouse gas reduction goals, which call for reducing 1990’s carbon emissions by 25 percent by 2017 and 40 percent by 2025, it’s going to have to offer some alternative.

“We need to be aggressive about moving in this direction,” Breed said, “and we need to make sure the public has an alternative to PG&E.”

 

Mayor Lee distorts reality in defending CleanPowerSF obstruction by his appointees

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Mayor Ed Lee yesterday answered a series of five questions from the Board of Supervisors about CleanPowerSF, the renewable energy program it approved last year on a veto-proof 8-3 vote, but which three of Lee’s appointees on the San Francisco Public Utilities Commission are now blocking.

Lee reaffirmed his opposition to the program and support for the three commissioners who are refusing to approve a maximum rate for the program, while making a series of statements that were misleading, contradictory, and, according to Sup. John Avalos, some outright falsehoods.

CleanPowerSF would group tens of thousands of city residents into a renewable energy buying pool, a system called Community Choice Aggregation authorized by state legislation, which would compete against Pacific Gas & Electric’s illegal local monopoly. Initally, the energy would be purchased under a contract with Shell Energy, but the main goal of the program is to build city-owned renewable energy facilities by issuing revenue bonds supported by the program’s ratepayers.

Yet the program Lee described has little resemblance to CleanPowerSF — and his statements of support for the concept belie his longstanding opposition to the program and support for PG&E, whose union is leading the campaign to kill CleanPowerSF.

“I know that many members of the Board of Supervisors are upset,” Lee began in his first answer to similar questions posed by Sups. Eric Mar, David Chiu, London Breed, David Campos, and John Avalos, who all represent the odd-numbered districts whose turn it was to submit questions to the mayor for this month’s appearance.

Lee then explained that one of the duties of  the SFPUC is to protect ratepayers, which he called “the overriding concern they have when faced with any issue,” adding that, “The commission ultimately decided that the rate wasn’t a fair rate.”

Ironically, the top rate that the commission is being asked to approve in order to finally launch CleanPowerSF was just 11.5 cents per kilowatt-hour, only slightly more than current PG&E rates and a substantial reduction from the rate that was discussed last year when supervisors approved the program.

PG&E, Lee, and other critics of the program had attacked its high cost, so SFPUC staffers tweaked the program to allow the initial use of Renewable Energy Credits, which support the creation of renewable energy projects, rather than being purely juice directly from solar, wind, and other renewable sources, which is more expensive.

So Lee criticized that change as a departure from what the board approved last year, telling the supervisors that the program should be at least “95 percent renewable on day one,” saying that, “This is what a green power program should look like.”

Yet when it did look like that, Lee opposed it, something he didn’t mention yesterday. And yet he still made the argument that the SFPUC was simply exercising its fiduciary responsibility in blocking a program that has gotten cheaper than when the board approved it.

“The San Francisco Public Utilities Commission did its job in protecting ratepayers,” Lee said. “I agree with the majority of the PUC.”

So, on one hand, Lee said that CleanPowerSF has “gotten progressively more expensive as time goes on,” citing statements made years ago about the goal of trying to meet-or-beat PG&E’s rates, which have been subsidized by taxpayers over the years.

And when the program then got close to matching those rates, he criticized the use of RECs to get there, saying the climate change benefits “need to be real and tangible and not based on vague promises.”

Yet even city-commissioned studies have shown that San Francisco won’t meet its own greenhouse gas reduction goals without substantially changing the energy portfolio of city residents, and CleanPowerSF is the only plan on the table to get there, except for PG&E’s vague promises to offer more renewable energy in the future.

While Lee touted city efforts to improve the energy efficiency of commercial buildings and the recent launch of a regional bike share program — neither of which will come close to meeting city climate change goals — even he acknowledged the “need to expand our in-city renewable energy generation,” citing the $4 million SolarSF as an example.

But Lee never made reference to CleanPowerSF’s plan to build up to $1 billion in renewable energy projects whose impacts would be far more impactful. Instead, he said the program “creates no local jobs,” which wouldn’t be true during the buildout phase.

While praising PG&E, Lee also glossed over the fact that a majority of supervisors still support CleanPowerSF, and that the SFPUC vote was supposed to be on the rate and not these ancillary issues, raising fundamental democratic issues when three mayoral appointees can override the decision of elected supervisors who represent all city residents.

“When a final project is so vastly different than the original intent, the San Francisco Public Utilities Commission has to intervene,” Lee said.

Avalos called many of Lee’s statements “lies,” so I followed Mayor Lee back to his office after the hearing and we had the following conversation as several reporters from other media outlets listened in:   

SFBG: Supervisor Avalos just said that you’ve made a number of statements that are not factually accurate, and certainly misleading, including saying that the program has changed substantially. Given that you opposed the program initially, and you seem to make statements that criticize those changes, and clearly the majority still supports it, how can you make the argument that the PUC is acting against it because the program has changed?

Mayor Lee: Well, you know, I know that elements of this are somewhat complicated cause you have to actually read a lot of volumes of materials to understand the choice aggregation program, cause it has those three aspects and I would….

SFBG: As guidelines, not as rates….

Mayor Lee: I would point to those numbers that were discussed at the board and presented to the [SF] Public Utilities Commission, because that’s what I’m quoting from. I’m taking it, not from even verbiage, I’m taking it exactly from facts that were presented at the commission at the Board of Supervisors and I specifically lifted quotes from the board about their comments about local jobs and all the other things, so, I don’t think I’m inaccurate at all. I think I’m actually quite on point.

SFBG: But the rates have come down from when they approved it and you made it sound like the rates have gone up.

Mayor Lee: The rates were up and they came down in trade off with less green.

SFBG: Right…

Mayor Lee: That’s about the point I was trying to make is that we wanted these other goals to happen and they couldn’t happen cause people were trading off things in order to set the rates and that was going to become a bigger and bigger gap as to what the original goals were. That’s the way…

SFBG: But the board clearly wants this program. Why, as a matter of policy, as a matter of city procedure, why isn’t the elected body the one to make this decision, instead of your appointees?

Mayor Lee: Well, I think that’s the whole reason why they presented it to the Public Utilities Commission. They’re charter mandated to set these rates. It’s not just an automatic acceptance of what the board says. They also independently review what the board has said. And in their independent review, they said they had gone well beyond what they stated their goals were and so they couldn’t set the rates and still honor all the goals that the board was suggesting.

SFBG: But those rates are less than what the Board has approved. How can they be exercising fiscal oversight… I mean, it doesn’t make any sense.

Mayor Lee: I think we have a big disagreement there. They’re mandated by the charter to set those rates responsibly, not just to follow what the board has stated and so, in their independent review, they went and reviewed all the goals that the board has said and said ‘This is not the program that they have stated should be fulfilled.’

SFBG: Even though the majority of the Board of Supervisors disagree with that statement that you just made?

Mayor Lee: Well, you know, then again, are we not respecting peoples’ right to disagree over what is being done here?

SFBG: But your argument that the program changed from what they approved, a  majority is saying ‘that’s not true,’ that you’re misrepresenting that.

Mayor Lee: No, I don’t think that I’m misrepresenting that. I disagree with that.

SFBG: A majority of the Board of Supervisors who approved it says you are.

Mayor: Well, I disagree with that assessment.

 

 

 

Expand protections for small businesses

40

EDITORIAL Corporations and chain stores are crafty, and they can always find creative ways to get around whatever barriers that cities and counties erect to protect their local small businesses. And such barriers are important because most large corporations enjoy economies of scale, the ability to absorb sustained losses while gaining market share, and other unfair competitive advantages.

San Francisco voters and legislators have approved and expanded so-called formula retail legislative protections over the last decade, requiring stores with 11 or more locations that want to open in neighborhood commercial districts to obtain a conditional use permit, allowing the public to weigh in and city officials to reject disfavored projects.

But as we observed in last month’s saga involving chain store men’s clothier Jack Spade’s planned move into the old Adobe Bookstore space on 16th Street near Valencia, it’s still too easy for deep-pocketed corporations to make stealthy inroads into some of San Francisco’s most beloved and sensitive commercial districts.

First, Jack Spade disguised its corporate connections in pulling a building permit, then it won over the zoning administrator by claiming only 10 stores (despite the fact that it’s a national chain owned by Fifth & Pacific, aka Liz Claiborne, which also has a string of Kate Spade women’s clothing stores), and then, even when activists and small businesses won the argument and a 3-2 vote by the Board of Appeals on Aug. 21, that wasn’t the supermajority needed to overturn the flawed decision.

As they say in the neighborhood: That shit ain’t right.

Clearly, something needs to change because Jack Spade isn’t the first, and it won’t be the last, corporate-owned chain store that wants to move into the Mission and other gentrifying commercial districts in the city, including Western SoMa (where development forces have been unleashed by the city’s approval of its local area plan earlier this year), Hayes Valley, Polk Gulch, and the Divisidero corridor.

And when one deep-pocketed chain store moves in — a corporation that is willing to invest early in an up-and-coming neighborhood — it creates a strong upward pressure on commercial rents that forces out small businesses, nonprofits, and community-based organizations. And then residential rents follow suit.

Only governmental and political will can break this pattern, and it’s a pattern that must be broken if San Francisco is going to retain its economic vitality. Study after study shows that small businesses circulate their revenues within the community instead of siphoning them off to Wall Street and the corporate headquarters, and that helps the overall local economy.

Flawed ideas about consumer choice and the supposed wisdom of the supposedly free market shouldn’t distract San Francisco and other cities from focusing their economic development efforts on local small businesses, a sympathetic symbol that gets disingenuously trotted out in the rhetoric of Mayor Ed Lee and his allies even as he stacks the Small Business Commission with bankers and right-wing ideologues.

Now, with the Board of Supervisors back from its summer recess, is the time to redouble our efforts to resist corporate dominance. That should include support for Sup. Eric Mar’s legislation to change the metrics for what’s considered “formula retail,” support for Sup. London Breed’s efforts to expand protections in Hayes Valley and Sup. Jane Kim’s similar efforts along Market Street, and consideration of changing the vote threshold for the Board of Appeals and giving neighborhoods more tools to resist stores like Jack Spade.

Nothing less than the soul and face of San Francisco is at stake, and it’s up to all of us to fight for it and not be fooled by self-serving and simplistic “jobs” rhetoric. We need to call a Spade a Spade, and a corporation a corporation, and defend what makes San Francisco special: real, local people serving real, local people, not the interests of Wall Street.

 

 

After Oscar, after Trayvon…

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rebecca@sfbg.com

Even before Cephus “Uncle Bobby” Johnson picked up the phone on Feb. 27, 2012, he wasn’t having an easy day. His nephew, Oscar Grant, would have celebrated his 26th birthday on that date if he had not been killed by a gunshot wound on Jan. 1, 2009.

Grant was shot by BART police officer Johannes Mehserle while lying face down on a train platform, an incident that was caught on film, prompted riots in Oakland, drew international scrutiny, and became the subject of the award-winning film Fruitvale Station by Oakland filmmaker Ryan Coogler.

In the years since Grant’s death, Johnson and his wife, Beatrice X, founded the Oscar Grant Foundation to develop a support network for families who’ve lost loved ones due to police violence. It was his involvement in this work that led Johnson to be contacted that day, and informed that a 17-year-old boy named Trayvon Martin had been gunned down in Florida one day earlier.

It wasn’t a police shooting but nevertheless, “We knew at this point that we had to go to Florida,” Johnson recalled. “What we’ve decided is that whenever a family experienced that, we would definitely try and get to them.”

Fast forward to July 13, almost exactly three years after violent protests erupted in Oakland following the news that Mehserle, who was charged with second degree murder, had been convicted of involuntary manslaughter instead. A new wave of demonstrations flared up as word spread that George Zimmerman, the neighborhood watch volunteer who killed Martin, had been acquitted.

“We weren’t surprised,” Johnson, who returned to Florida last month to observe the jury selection process for Zimmerman’s trial, told the Guardian. “But it was still painful.”

The verdict in this high-profile case has brought discussions about racial profiling and unequal treatment in the criminal justice system to the forefront. Even President Barack Obama touched on the theme in comments to White House reporters on July 19, saying, “Trayvon Martin could have been me 35 years ago.”

At the national level, new findings on “implicit bias” — unconscious prejudices that research in psychology has shown can persist in individuals (including poorly trained police officers), even if they consciously reject racial stereotypes — has started to inform policy debates around racial profiling.

“Policy needs to recognize that implicit bias exists,” Maya Wiley, founder and president of the New York City-based Center for Social Inclusion, told us. “Rep. John Conyers introduced a bill last year to prohibit racial profiling in law enforcement. That bill, if made law, would collect data on stops by race, as well as provide resources for training. That is a step in the right direction.”

But things get complicated, Wiley says, because “research shows that people of color, women, the elderly, may all experience discrimination as a result of implicit bias. There is no remedy in the law for this. … I think what is important now is to fight Stand Your Ground Laws which empower people to act on their implicit biases.”

At a July 16 rally held on the steps of San Francisco City Hall, Rev. Malcolm Byrd, pastor of San Francisco’s First A.M.E. Zion Church, illustrated his point about racial profiling by donning a hoodie and sneakers at the rally.

“I wanted to come looking suspicious,” he explained. “I wanted to give you an image that America has of young black men. I look suspicious. This is my country. I love my country. Yet, I look suspicious.”

Last year, Mayor Ed Lee’s proposal to introduce a stop-and-frisk policy, which would have allowed police officers to randomly stop individuals who appeared to be suspicious in an effort to get weapons off the streets, was abandoned in the face of widespread community concern.

Officers who undergo training at the San Francisco Police Department Academy must complete 52 hours of “cultural diversity” training, according to SFPD spokesperson Sgt. Dennis Toomer, which includes a mandatory four-hour intensive geared toward preventing racial profiling. State law mandates just 16 hours for such training for law enforcement agencies, Toomer told us.

But despite supplemental police training and the efforts of grassroots organizations that carefully monitor police activity, the Bay Area has witnessed a number of fatal shootings at the hands of police since Grant’s death, and many draw a link between these cases and the broader issue of racial profiling.

When asked about the outreach efforts of the Oscar Grant Foundation, Johnson began to rattle off a long list of names — mostly young black men, from places ranging from Oakland to Vallejo to Stockton to San Leandro — who were killed by police, and whose families his organization has reached out to.

They have also been in touch with several families in New York City who lost loved ones in similar situations, Johnson said. In many cases, the individuals were killed despite being unarmed, and officers later explained their actions by saying they’d mistakenly believed the shooting victims had firearms.

After several years of taking an up-close look at the investigative and legal proceedings that unfold in the aftermath of officer-involved shootings, Johnson has reached the conclusion that from case to case, “The playbook is pretty much the same. The officer first alleges he felt threatened — it’s all about the thought process of the officer. It’s always found to be justifiable because the officer feared for his life.”

One long-term goal of the Oscar Grant Foundation is to build up a coalition that can mount a meaningful challenge to the California Peace Officers Bill of Rights, a law enacted some 30 years ago that affords special protections for law enforcement officers facing misconduct charges. Johnson and others are critical of provisions such as officers’ rights to keep confidential information out of their personnel files, which can prevent significant information from being disclosed during a criminal trial. Meanwhile, others throughout the Bay Area seem primed to push for change in the wake of the Zimmerman verdict. “On Sunday, every black church in the nation was talking about what? Trayvon Martin, and what we need to do,” Andrea Shorter, a member of the San Francisco Commission on the Status of Women, said during the July 16 rally. “Two weeks ago, and we were all standing here as San Franciscans to rejoice … because we knew that LGBT people could be treated as first class citizens. The job is not done.” San Francisco NAACP President Rev. Amos Brown, who organized the rally, vowed that his organization “will push for a civil suit to bring this Zimmerman gentlemen to justice.” The national NAACP is petitioning U.S. Attorney General Eric Holder to open a civil rights case against Zimmerman. Sups. London Breed, Malia Cohen, Jane Kim, and David Campos also delivered speeches at the rally. “For the first time in my life, after growing up and going to funeral after funeral after funeral after funeral, of all boys and black men throughout my life, I see people in this audience who are not African American, who are just as hurt as I am, who are just as sick of this as I am,” Breed said. “And we are all in this together. We have got to work together if we want to change it.”

Privatizing the Botanical Gardens

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news@sfbg.com

The Board of Supervisors last week voted to continue the collection of “non-resident fees” at the Botanical Gardens in Golden Gate Park for a minimum 10-year period. Then it approved a companion measure to allow construction of a new, privately run nursery that will be the home of corporate parties and members-only activities, giving a private group unusual control over a public space.

The proposed plan will replace the existing nursery with a new Center For Sustainable Growth, funded as a “gift-in place” from the San Francisco Botanical Garden Society, a nonprofit that has supported the gardens since 1955, when it was known as Strybing Arboretum.

“This vote means we are basically privatizing 55 acres of Golden Gate Park and handing it over to a nonprofit with no public accountability,” Harry Pariser, a longtime resident of the Inner Sunset, activist, and author told the Bay Guardian. “Essentially we’re allowing the government to make us show an ID to come onto public land. It’s also going to be a space where there’s going to be a lot more commercial activity. I think inevitably there is going to be fees for everyone.”

The new agreement consists of demolishing an existing 4,600 square foot greenhouse, which will be replaced by a new 9,800 square foot nursery. A real estate evaluation report on the nursery project performed by Clifford Advisory, a limited liability corporation, compares the project to allegedly positive public-private development efforts such as the Hunter’s Point Shipyard project.

The lease agreement between the Botanical Garden Society and the City of San Francisco allows the society to use the premises for “special events,” designate members-only hours for the facility, and waive the non-resident fee for those events. According to the lease, the city shall avoid interfering with the Society’s “quiet use and enjoyment of the premises,” namely by allowing them to throw private parties.

“The Botanical Gardens is an incredible asset to the city, it’s a great place for families and kids, and now they’re no longer treating it as a public asset,” Sup. John Avalos, who recently voted against the non-resident fees and the lease agreement, told the Guardian. “They’re making it more exclusive.”

 

LAND GRAB

The SFBGS has a history of campaigning for private exclusivity on public land as well as generating new revenue sources. In 2010, Avalos pushed a plan to replace the revenue brought in by non-resident fees with $250,000 pulled from the city’s real estate transfer tax.

SFBGS, backed by London Breed before she was elected the supervisor of District 5, which includes the Botanical Gardens, opposed Avalos’ effort and helped shoot down the proposed plans, continuing the fee collections.

A large part of the board’s approval is derived from the lobbying efforts of Sam Lauter, a lobbyist hired by SFBGS who has continually pushed for permanent fees and the new conservatory. Lauter also helped support and fund Breed’s supervisorial campaign last year.

While the lease and management agreement purports that the SFBGS’s management shall be subject to the city’s definition of the gardens as a public space, it offers an exception in cases of SFBGS-sponsored special events, circumventing its status as a public space. The lease also allows the Society to use other buildings on the premises, such as the County Fair Building, for special events, free of charge.

Although the SFBGS is essentially taking over operation of the gardens, the city will continue to pay for utilities and offer a “rent credit” that requires the Society to pay just $100 in rent annually. Additionally, SFBGS will be reimbursed for non-resident fee collection expenses.

“We understand the logic of providing benefits for people who donate to the facility,” Breed legislative aide Conor Johnston told us. “It’s very important to remember all San Francisco residents have free access and [organized groups of] youth from outside the city have free access. This structure allows the arboretum to stay open.”

While San Francisco residents still have free access, the agreements with the SFBGS strongly limit this access by instituting members-only hours, forcing residents to show identification at security gates, and renting out buildings for exclusive corporate parties.

Another part of the Botanical Garden’s master plan consists of providing food services in a new visitors center. Consequently, the “public” gardens will enforce a rule barring visitors from bringing in outside food. The plan also details the SFBGS’s plan to bring in new revenue streams through corporate events.

“This is about weeding people out, controlling people and deciding who has access to this place,” said Pariser. “They put up a wall that must cost thousands of dollars and they destroyed this meadow that even London Breed was appalled by. They control this place like it’s a domain and you’re not allowed to say anything.”

 

QUIET TRANSFER

The lack of public outreach and input on the SFBGS’s buyout has left residents like Pariser feeling robbed of public land that their taxes pay to support. Nancy McNally, founder of the San Francisco AIDS Grove, voiced similar concerns regarding the misplaced priorities of both SFBGS and the Recreation and Parks Department, which in recent years has been under growing criticism for monetizing public spaces (see “Parks Inc.,” 7/12/11).

“For me, I can’t even be in the same room as Recreation and Park Director Phil Ginsburg. I think he has done so much harm to the parks,” McNally told us. “He’s created a ton of positions in the marketing and PR department. What do they need four people for to run public marketing for a public space?”

Frederick Law Olmsted, the co-designer of Central Park, is said to have influenced the style of Golden Gate Park. Olmsted’s theory was to bring wilderness into the city. For McNally, this non-manicured, rustic aspect of Golden Gate Park is what makes it so appealing.

“They’re taking away the basic foundation of the park, which is wildness,” said McNally. “The new building is so big, obtrusive, and unnecessary. It’s only about income for the Botanical Society’s select group.”

McNally views the RPD and SFBGS as predatory entities who target residents attempting to use the land by charging egregious fees for weddings, memorials, and other events.

McNally recalled a friend who wanted to have a memorial for another gardening enthusiast in the Arboretum. For 10 people, the RPD wanted $1,000 and to hire a security guard for a group of elderly gardening enthusiasts.

SFRPD did not return the Guardian’s phone calls regarding the management under the SFBGS, which also did not return our call.

Jane Glasby, an ex-librarian for the SFBGS, whose job was terminated in 2010 due to widespread cuts to the garden’s education program, expressed her inside views on the changing tides of park’s atmosphere in a letter written to “friends and garden lovers” as her tenure came to an end.

“Over the last few years, the library budget has been slashed, the children’s program cut back, and the adult education program all but eliminated,” Glasby wrote at the time. ‘With money available to pay a firm to lobby for an entrance fee $10,000 every month for at least the last seven months, it looks very odd to close the library [that was at the Arboretum] with the excuse of saving just $10,000 a year. Charging admissions would put the garden in danger of becoming an exclusive but shallow and flashy entertainment (I am thinking of the Tea Garden and the Academy [of Science]), rather than the living museum that we all love and respect.”

While Glasby’s comments refer to cutbacks dating back to 2010, her experience denotes what is seemingly becoming the protocol of SFBGS. Three years later, the Society has succeeded in charging non-residents indefinitely and turning what was once a public place of solitude for residents and non-residents alike into an increasingly privatized hub for members willing to pay extra for exclusivity of an allegedly public space.

McNally, who is now retired, has taken it upon herself to document the decreasing local attendance of the arboretum, which was once a frequent lunch spot for residents and nearby UCSF students. “On a sunny day at noon it used to be to be carpeted with people having lunch. It’s not anymore,” said McNally. “I have four years of documentation of that empty lawn at high noon, showing it completely empty, with just geese shitting everywhere.”

 

Corrections: The permit fee for the gardening club was corrected. We also added the parenthetical to Johnston’s quote to clarify visitor fees.

 

 

 

Call to action issued at San Francisco vigil for Trayvon Martin

A group of African American community leaders gathered outside San Francisco City Hall July 16 for a rally and candlelight vigil in memory of Trayvon Martin, the 17-year-old black youth who was gunned down in Sanford, Florida by George Zimmerman. Protests have flared up throughout the nation since Zimmerman was acquitted on a second-degree murder charge this past weekend, spurring renewed dialogue about race.

Rev. Amos Brown, president of the San Francisco NAACP, introduced a host of speakers including pastors from black churches, the San Francisco Interfaith Council, members of the Bayview Hunters Point Community, and others. While speakers touched on a variety of topics including San Francisco’s dwindling black population and the economic pressures facing those unable to find work in an increasingly unaffordable city, much of the discussion revolved around a need to mount a significant challenge against racial profiling and to seek a different outcome in Zimmerman’s case.

The NAACP “will use all of our legal and moral resources at the national level, and will push for a civil suit to bring this Zimmerman gentlemen to justice,” said Brown. The national NAACP has created a petition urging U.S. Attorney General Eric Holder to open a civil rights case against Zimmerman.

Sups. London Breed, Malia Cohen, Jane Kim, and David Campos also delivered speeches at the rally.

“The injustice in Florida is a threat to all of us,” Breed said. “The injustice in Florida is a threat to African American boys. The fact that we have to look our children in the eye and explain why somebody can kill a kid and get away with it and not be charged and walk out of the courtroom a free man, how do you explain that?”

Rev. Malcolm Byrd, pastor of First A.M.E. Zion Church in San Francisco, illustrated his point about racial profiling by wearing a hoodie, jeans, and sneakers to the rally. He opened with comments referencing how Martin was deemed “suspicious” due to his appearance. His comments also alluded to the idea that Zimmerman was allowed to walk free in Florida, the same state where a woman was sentenced to three years in prison for shooting and killing a pit bull.

Despite the very real sense of outrage that many people expressed, some spoke about using the Zimmerman verdict as an opportunity to push for broader social change.

“In San Francisco, we know how to lead the way,” said LGBT activist Andrea Shorter. “On Sunday, every black church in this nation was talking about what? Trayvon Martin.” Shorter added that community members had succeeded in halting a proposal to introduce a stop-and-frisk policing policy that had the potential to increase racial profiling, and that there was momentum in place for a national effort to “dismantle racist profiling policies” and repeal stand-your-ground laws.

“For the first time in my life, after growing up and going to funeral after funeral after funeral after funeral, of all boys and black men throughout my life, I see people in this audience who are not African American, who are just as hurt as I am, who are just as sick of this as I am,” Breed noted. “And we are all in this together. We have got to work together if we want to change it.”

Cohen sounded a similar note. “I think one of the things that have transpired now that the verdict has come out is that there has been a serious call to action,” she said.

“Being black in America is to be the beneficiary of great inheritance,” said Obai Rambo of the San Francisco Black Young Democrats. “History will mark this day as one of the greatest opportunities for building equality and justice.”

Photographs by Justin Benttinen. Audio slideshow by Rebecca Bowe.

Trayvon Martin: Guns escalate conflicts

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OPINION The tragedy of Trayvon Martin’s death is not merely the loss an innocent young boy’s life, nor the criminal justice system’s failure to provide justice, though those are wounds we struggle to bear. The tragedy is that these wounds are not unique. We have felt this pain before. Trayvon is but one of thousands of young African American men who have lost their lives to gun violence. And George Zimmerman’s acquittal represents the dismissive attitude our country seems to have about those lives.

People from all walks of life are angry about Trayvon’s death and George Zimmerman’s acquittal. Our anger in the face of such tragedy is understandable. I share it. But I also believe that even in our darkest hours, there is hope. There is something to be learned here.

Let this be the start of a greater debate on gun laws, racism, and our national climate of fear for our own personal safety and the safety of our children.

We have to do something about the prevalence of guns in our society. If not for the introduction of a gun into the situation, Mr. Zimmerman likely would have been beaten up—something he probably deserved—and that would have been the end of it. His firearm needlessly escalated the situation far beyond where it needed to go.

This case is a very real example of a nation that puts someone’s right to carry a handgun over someone’s right to not be pointlessly murdered. Let me add my voice to the multitudes calling for greater firearm accountability.

And why did the situation that night begin in the first place? “Neighborhood Watch” means “watch” and “report suspicious activity,” not “chase” or “pursue.” What is so suspicious about walking, wearing a hoodie, and talking on a cell phone? Nothing. Unless you are black.

Although the African American community is, sadly, used to being profiled, used to grieving the loss of our young boys and men to gun violence, Trayvon’s case has opened the eyes of others who are finally as outraged as we are. For the first time, I feel that something has changed. The outpouring of support from non-African Americans for Trayvon Martin and his family has given me hope that our cries for boys and men in our community are finally being heard.

Anger is a great motivator. And progress is often borne from tragedy. I hope for the African American community and for our country that this tragedy is more than just a passing media spectacle. I hope it’s the beginning of something meaningful, a reevaluation of gun laws, of the violence young black men face every day, and of the way we empower our communities.

London Breed represents the Western Addition and the Haight on the Board of Supervisors

 

Supervisors approve condo legislation with veto-proof majority

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The San Francisco Board of Supervisors today voted to approve compromise legislation that will allow more than 2,000 tenancy-in-common homeowners to convert to condominiums in exchange for a 10-year moratorium on the city’s current condo conversion lottery that now allows 200 conversions annually.

Approved by a veto-proof 8-3 majority after some last amendments were shot down by the six supervisors who most steadfastly supported the version that Board President David Chiu took the lead on crafting, this was a big victory for tenant groups who strongly opposed the original legislation, which did not include the moratorium and other restrictions.

“It’s great. We’re going to see a significant drop in condo conversions in the future. All of us tenants are very happy,” San Francisco Tenants Union head Ted Gullicksen told us after the hearing, which was packed with tenant supporters.

Sup. Mark Farrell, who sponsored the original legislation, decried how divisive the issue had become, criticized the approved version as deviating from his original intent of helping TIC owners in exchange for a fee that would help fund new affordable housing, and said, “This doesn’t need to be a zero sum game.”

But Chiu and the five supervisors who supported his version – Jane Kim, Norman Yee, David Campos John Avalos, and Eric Mar – noted the finite number of rent-controlled apartments in the city and the need to protect them from being converted into condos.

“How do we balance the needs of tenants who fear being evicted with TIC owners looking for relief?” Chiu said of the balance he aimed to strike, which he continued to tweak with new amendments today, including allowing TICs with all owner-occupied units to move forward if the legislation is challenged in court, an event that would otherwise freeze all condo conversions until the lawsuit is resolved.

Sup. London Breed wanted even greater flexibility in that so-called “poison pill” aspect of the legislation, which tenant groups had insisted on to prevent the bypass from going through even if the moratorium was challenged. Breed proposed allowing condo conversion applications to proceed for a year after a lawsuit was filed, but Chiu said that would let TIC owners convert to condos while challenging other aspects of the legislation, such as the lifetime leases for tenants in converted buildings.

Breed and Sup. Malia Cohen, who privately and rather grimly conferred with one another and sometimes Chiu before the item began a little after 4pm, were clearly the two swing votes on the question of whether the legislation would reach the crucial eight-vote threshold needed to override a possible mayoral veto. Mayor Ed Lee has refused to take a position on the issue, leaving both sides in the dark.

But after the motion to insert Breed’s amendments failed on a 5-6 vote, the board voted 8-3 to approve Chiu’s version of the legislation, with Sups. Farrell, Scott Wiener, and Katy Tang opposed. A subsequent vote on a version of the legislation backed by Farrell and Wiener – which contained a weaker poison pill and more flexible owner-occupancy provisions – then failed on a 4-7 vote, with Breed joining the three dissenting supervisors.

Underscoring this legislation was what some supervisors called a “housing affordability crisis” in San Francisco, an issue that Mayor Lee was asked about at the start of the meeting, which he deflected by claiming “our city has some of the toughest anti-displacement laws in the nation.”

We’ll analyze that discussion and offer more details on the condo conversion debate and the politics behind it tomorrow in the space, so check back then.      

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.”