Mayor Lee

Agnos offers waterfront development history lesson during SFT speech

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

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

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

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

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

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

And the rest is history — until today.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Thank you.

 

Supes won’t let mayor raid CleanPowerSF without a fight

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The Board of Supervisors Budget and Finance Committee today voted to reject the San Francisco Public Utilities Commission budget, an effort by Sup. John Avalos and others to force Mayor Ed Lee to the bargaining table over the city’s neglected sustainable energy infrastructure needs.

“I wanted to get the mayor’s attention and to find a practical way to let the mayor know the Power Enterprise infrastructure needs help, as well as CleanPowerSF,” Avalos told the Guardian. CleanPowerSF would provide electricity derived from renewable sources to enrollees in the municipal program.

After CleanPowerSF was approved by a veto-proof majority on the Board of Supervisors last year, Lee’s appointees to the SFPUC blocked implementation of the program during what should have been a routine vote to set a maximum rate. Then Lee this year raided those funds and transferred them to his GoSolar program.

“Because he raided our funds, I worked with [fellow Budget Committee members Sups.] Eric Mar and London Breed to kill his budget,” Avalos told us, noting that he alerted Lee on Sunday of his intention to do so and never got a response. “It was remarkable that he thought he could just bring this to committee and thought everything was hunky-dory.”

Christine Falvey, the mayor’s spokesperson, said the mayor hadn’t had time yet to develop his next step but “the mayor is committed to funding GoSolar, a program that can start immediately, help us reach our agressive environmental goals and employ San Francisco residents.”

The tendrils of the mayor’s power could be felt even in the SFPUC’s Citizens’ Advisory Committee meeting last night. The committee makes recommendations to the PUC with no authority for mandate, but rather for long-term strategic, financial and capital improvement plans.

As the committee considered a vote to recommend the PUC move forward with CleanPowerSF, the tussle between the mayor and the supervisors reverberated through their frank discussions.

The problem is the mayor is violently against this program,” said Walt Farrell, a committee member from Supervisor Norman Yee’s District 7. He added, “How will you convince them?”

Director of Policy and Administration at Power Enterprise Kim Malcolm was slated to be the Director of CleanPowerSF, but she deflected, saying it wasn’t up to her.

We view our job as, we do what the policy makers tell us to do,” she said.

Jason Fried, executive director of the Local Agency Formation Commission, told the CAC most of the mayor’s concerns regarding CleanPowerSF have since been addressed. 

The mayor critiqued the program for relying on Shell for energy, Fried said, but now Shell is out of the picture.

cacsfpuc

Kim Malcolm presents information on CleanPowerSF to the SFPUC Citizens’ Advisory Committee.

He said the program could also possibly provide extra money for Power Enterprise, the city’s Hetch Hetchy powered hydroelectric system. 

Highlighting all the benefits of CleanPowerSF, Jess Derbin-Ackerman, a conservation organizer speaking on behalf of the Sierra Club, urged action.

This program was in the works for ten years,” she said, and “it’s largely been fought because of political attachments to PG&E.”

She noted more than four other counties in Northern California are now shifting to clean power, and San Francisco lags behind.

“Get with it,” she said, “the rest of the Bay Area is.” 

Ultimately the CAC opted to push the vote backing CleanPowerSF until its next meeting, due to absent members. The CAC’s chair, Wendolyn Aragon, supported the supervisors stalling the PUC budget.

“CleanPowerSF has been proven time and time again as a viable source of clean energy,” she told the Guardian. “But if Mayor Lee and the SFPUC Commissioners (whom he appoints) want to keep denying that … it’s time to draw a line in the sand.”

Now that the PUC’s budget has been formally rejected, the agency has $20 million in reserves that it can spend until it comes up with a budget that meets the approval of the Board of Supervisors, as the City Charter requires. In the meantime, Avalos called on Lee to negotiate in good faith with the board.

“The path forward is to negotiate,” Avalos told us. “The mayor has overstepped his bounds on this issue. He is not taking the leadership to convene us together to find a solution.”

Income gap

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news@sfbg.com

It seems like San Francisco may surpass itself as the city with the highest minimum wage in the country, as labor activists and business groups are each pitching their own fall ballot measures to raise wages for the lowest paid workers.

The city’s current minimum wage of $10.74 is the highest in the country, but that still isn’t enough, according the labor activists, not in the city with the most expensive rent in the US and one of the largest income gaps.

“We have the highest growing gap between the rich and the poor, and the economic disparity is so high right now,” said José Argüelles of Young Workers United. He said the raising the minimum wage “isn’t the whole solution, but it’s part of it. Folks working full time in San Francisco should be able to afford to live in San Francisco.”

But sometimes even working full time in San Francisco isn’t enough to live here. A 2012 study by the San Francisco Department of Health found that even in the most inexpensive neighborhoods of the city, one would have to work 3.4 full-time minimum wage jobs to afford rent in a two-bedroom market rate apartment. In the priciest neighborhoods, one would have to work up to eight full-time jobs to afford rent.

All of this is occurring at a time when minimum wage debates are taking place across the country. President Obama has suggested raising the federal minimum wage from the current $7.25/hour to $10.10/hour, although Congress has been less receptive. Here in California, the state minimum wage of $8/hour will rise to $9/hour this July, and $10/hour by 2016.

The San Francisco ballot measure favored by labor activists is an initiative to raise the hourly minimum wage to $15 by 2017, with a sliding time frame depending on the size of the business. Proponents of the measure, dubbed the Minimum Wage Act of 2014, are just beginning to collect the necessary 9,702 signatures to qualify for the November ballot, and a recent poll found that 59 percent of likely voters supported the increase, while only 36 percent were opposed.

Business groups are usually the first ones to object to higher wages, but the San Francisco Chamber of Commerce and other small business-leaders are working with Mayor Ed Lee to craft their own, albeit more watered-down, ballot measure to increase pay. Despite their efforts, the $15/hour initiative took them by surprise and they are “outraged,” according to a statement released by the Chamber.

“This initiative is nothing more than a thinly veiled attempt to influence the outcome of the consensus-building process that will begin this week under the leadership of Mayor Ed Lee,” Chamber President Bob Linscheid said in the statement.

But many small businesses actually want to see the minimum wage increased, said John Eller of Alliance of Californians for Community Empowerment, one of the labor groups sponsoring the $15/hour initiative.

“What we heard when we talked to small businesses was that big money is coming in to buy up properties, that prices are getting jacked up, and that they are getting displaced, just like the residents of San Francisco,” Eller said. “But genuine interest in San Francisco, supporting young people, getting people out of poverty, and dealing with displacement were the themes that kept coming up.”

The business community wants to see the higher minimum wage phased in over a longer period of time and supports a more “moderate” wage, although an exact rate has not been decided, according to an email sent by Henry Karnilowicz, president of the San Francisco Council of District Merchants Associations. Other concessions that business leaders ask for include a separate, lower minimum wage for tipped servers and new hires in-training.

Raising the minimum wage “is about being fair and being reasonable,” said Karnilowicz. “It’s not true that small businesses are making a fortune, and I’d hate to see a big Walmart or Target coming into town to take their place.”

But Argüelles says that including special exceptions and a piecemeal law is a step in the wrong direction.

“In the past, San Francisco has led the way [with fair labor laws],” he said. “I think we can set a higher standard than that.”

Opponents to raising the minimum wage often claim that doing so hurts jobs and the economy, but a study from economists at UC Berkeley says otherwise. Unemployment in San Francisco has dropped since the last major minimum wage increase, and businesses absorb the extra labor costs through reduced employee turnover and improved efficiency.

The study also found that affected workers are largely adults and disproportionately women and people of color, two groups for whom the income gap is especially vast.

A measure qualifies for the ballot in one of two ways: either by garnering enough signatures through the initiative process, or being placed on the ballot directly by the mayor or a group of four or more supervisors. As of now, it seems plausible that San Franciscans will have two minimum wage measures to choose from this year, one from signatures and another from Mayor Lee.

On May 7, the Chamber released a press release stating that it’s seeking a single, consensus measure rather than two competing ordinances. Labor activists also hope to see one measure, Argüelles said.

There are no details yet on what Lee’s minimum wage ordinance would look like, if he sponsors one. There’s potential for a compromise between labor activists and business leaders, meaning one ballot measure with wide support. Otherwise, it will likely be one measure pitted against the other.

The deadline for Lee to submit his ordinance to the Department of Elections is June 17.

Mayor Lee faces question on minimum wage

San Francisco Mayor Ed Lee will attend the Board of Supervisors meeting today [Tue/13] to participate in “question time” – that exhilarating moment where the city’s highest-ranking official responds to pre-submitted questions with carefully crafted answers.

Today, Lee faces a question about raising the minimum wage, per District 1 Sup. Eric Mar:

“Mayor Lee, San Francisco is now the city with the fastest-growing gap between rich and poor. Yet, we have not raised our minimum wage in a decade. Washington, D.C., Seattle, and Oakland, among other cities, have recently moved to raise their minimum wage. … Some labor groups in the City have proposed to increase the city’s minimum wage to $15 an hour. … Can you share what level you are currently considering increasing the minimum wage to and how you plan on mitigating impacts on small businesses and non-profits?”

Which makes us wonder, will Lee name an actual dollar amount that he and a group of stakeholders he’s convened are considering increasing the minimum wage to?

Or will he stick to the vague answer he gave radio host Michael Krasny in a recent interview on KQED’s Forum? (“I said I was open to up to $15 an hour,” the mayor said in that interview, “and I didn’t state a number at the beginning.”)

Bike to Work Day marred by another Wiggle police sting UPDATED

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

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

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

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

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

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

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

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

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

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

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

Political power play unseats SF Police Commissioner

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

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

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

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

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

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

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

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

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

LAWSUIT FILED TO HALT TECH SHUTTLE PILOT

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

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

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

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

ILLEGAL ANTI-CAMPOS FLYERS TARGETED IN ETHICS COMPLAINT

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

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

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

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

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

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

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

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

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

SUPES CALL FOR INCREASED YOUTH FUNDING

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

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

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

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

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

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

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

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

 

Political power play unseats SF Police Commissioner who fought Secure Communities

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

hwang

Two views of the waterfront

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rebecca@sfbg.com

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

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

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

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

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

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

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

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

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

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

pier70

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

PRECIOUS PARCELS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

IN THE PIPELINE

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

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

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

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

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

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

giantsdev

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

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

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

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

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

 

GIANT TOWER SCRUTINIZED

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

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

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

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

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

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

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

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

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

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

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

houseboat

Corinne Woods opposes Prop. B.

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

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

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

 

THE HOUSING QUESTION

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

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

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

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

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

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

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

WHO DECIDES?

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

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

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

Lawsuits target Airbnb rentals

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LAWSUITS TARGET AIRBNB RENTALS

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

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

Board of Supervisors President David Chiu recently introduced legalization that would legalize, limit, and regulate such rentals, a measure that will be considered this summer. That legislation comes on the heels of Airbnb’s decision to stop stonewalling the city (and us at the Guardian, which has been raising these issues for the last two years) by agreeing to start paying the transient occupancy taxes it owes to the city for its transactions and creating new terms of service that acknowledge its business model may violate local laws in San Francisco and elsewhere (see “Into thin air,” 6/6/13).

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

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

Tobener tells the Guardian that the San Francisco Tenants Union hired him to discourage local landlords from removing units from the market. “The San Francisco Tenants Union is just fed up with the loss of affordable housing,” Tobener told us. “It’s not about the money, it’s about getting these units back on the market.” (Steven T. Jones)

 

SF LOOKS TO MARIN FOR RENEWABLES

Just in time for Earth Day, a renewed effort to reduce the city’s carbon emissions was introduced at the April 22 Board of Supervisors yesterday. Sup. John Avalos introduced a resolution calling for a study of San Francisco joining Marin Clean Energy, which provides renewable energy to that county’s residents.

The move is seen largely as an effort to circumvent Mayor Ed Lee’s opposition to implementing a controversial renewable energy plan called CleanPowerSF (see “Revisionist future,” April 15).

“Mayor Lee and the Public Utilities Commission objected to CleanPowerSF, but they have offered no other solution to provide San Franciscans with 100 percent renewable electricity,” Avalos said in a public statement. “With this ordinance, we can either join Marin or we can implement our own program, but we can no longer afford to do nothing.”

The resolution is the latest effort in the long saga to implement CleanPowerSF, San Francisco’s proposed renewable energy alternative to PG&E, whose current energy mix is only 19 percent renewable. Much of PG&E’s current mix is dirty and directly contributes to half of San Francisco’s carbon footprint, according to the city’s own recent Climate Action Strategy.

Joining Marin under a Joint Powers Authority would provide a vehicle for San Francisco to enact CleanPowerSF’s goals, long blocked by the mayor. San Francisco’s renewable energy effort may have lingered in legal limbo for years, but Marin made the switch to renewables in 2010.

“It’s something people want, and it also reduces greenhouse gas emissions,” Marin Clean Energy Executive Officer Dawn Weisz told the Guardian. Much of Northern California, she noted, has little choice but to use PG&E for their electricity.

“The people never chose to have a monopoly in place,” she said. “People like having choices.” (Joe Fitzgerald Rodriguez)

BEACH FIRES CONTAINED

The National Parks Service is once again moving to limit and maybe even ban fires on Ocean Beach, replaying an episode from 2007 that was temporarily solved by volunteers and artistic new fire rings placed by the group Burners Without Borders, despite a lack of follow-through by NPS’s Golden Gate National Recreation Area.

Citing complaints about burning toxic materials, leaving messes, and people drinking on the beach (gasp!), the GGNRA this week announced a summer pilot program that would include moving the curfew up from 10pm to 9pm, installing a dozen new fire rings, and improved public outreach and monitoring of the conditions on the beach.

“We [have] over the years seen a rising problem over safety and general breaking of park rules like broken bottles. And with incidents of assault and underage drinking, mostly occurring during the night, GGNRA Area Director Howard Levitt told the Guardian.

But Tom Price, who helped create the 2007 compromise, said GGNRA never kept its end of the bargain — such as installing more rings to supplement the half-dozen created by artists, or creating visible signage so visitors would know what the rules area — and now it’s acting in a rapid, unilateral, and unreasonable way to ban beach fires.

“They never did the outreach or education or put out more fire rings,” Price said, urging people to let GGNRA know they support allowing fires on Ocean Beach, one of just two spots within GGNRA jurisdiction where they’re allowed (Muir Beach is the other). “The Parks Service has to be reasonable, and banning fires after 9pm in not reasonable.” (Steven T. Jones and Bryan Augustus)

TAX WEALTH, PIKETTY SAYS

French economist Thomas Piketty got a warm welcome in San Francisco last week when nearly 200 people turned out to hear him discuss what is fast-becoming the defining book of this new Gilded Era of escalating disparities in wealth: Capital in the 21st Century.

“The book has been so popular that Harvard University Press has run out,” The Green Arcade owner Patrick Marks said in introducing Piketty at a the April 22 event held across Market Street from the bookstore, in the McRoskey Mattress Company, in order to accommodate the large crowd.

Indeed, Capital has recently been lauded by a string of influential publications, ranging from The Nation through The New York Times to the Wall Street Journal, all acknowledging this as perhaps the most exhaustive study on wealth data ever collected — and a clear-eyed warning that capitalism isn’t the self-correcting system that its biggest boosters claim it is.

Piketty’s work shows how when the return on capital is greater than the annual growth rate of the overall economy, which is usually the case (except when interrupted temporarily by the major wars of the 20th Century, or the 90 percent tax rate on the highest US incomes after World War II), that dynamic consolidates wealth in ever-fewer hands, which is bad for the health of the economic system. The only real cure, Piketty concludes, is a progressive global tax on wealth. Yet Piketty tries to avoid being too prescriptive, choosing to let his research speak for itself. “All I’m trying to do is present this book so everyone can make up his own mind,” Piketty told the gathering. In fact, he thinks the cure he outlines at the end of his book is less important than what comes before it: “You can disagree with everything in Part IV and still find interest in Parts I, II, and III.” (Steven T. Jones)

SF may go through Marin County to bypass CleanPowerSF subversion

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Just in time for Earth Day, a renewed effort to reduce the city’s carbon emissions was introduced at the Board of Supervisors yesterday [Tues/22]. Sup. John Avalos introduced a resolution calling for a study of San Francisco joining Marin Clean Energy, which provides renewable energy to that county’s residents.

The move is seen largely as an effort to circumvent Mayor Ed Lee’s opposition to implementing a controversial renewable energy plan called CleanPowerSF.

“Mayor Lee and the Public Utilities Commission objected to CleanPowerSF, but they have offered no other solution to provide San Franciscans with 100 percent renewable electricity,” Avalos said in a public statement. “With this ordinance, we can either join Marin or we can implement our own program, but we can no longer afford to do nothing.”

The resolution is the latest effort in the long saga to implement CleanPowerSF, San Francisco’s proposed renewable energy alternative to PG&E, whose current energy mix is only 19 percent renewable. Much of PG&E’s current mix is dirty and directly contributes to half of San Francisco’s carbon footprint, according to the city’s own recent Climate Action Strategy.

Joining Marin under a Joint Powers Authority would provide a vehicle for San Francisco to enact CleanPowerSF’s goals, long blocked by the mayor. San Francisco’s renewable energy effort may have lingered in legal limbo for years, but Marin made the switch to renewables in 2010.

“It’s something people want, and it also reduces greenhouse gas emissions,” Marin Clean Energy Executive Officer Dawn Weisz told the Guardian. Much of Northern California, she noted, has little choice but to use PG&E for their electricity.

“The people never chose to have a monopoly in place,” she said. “People like having choices.”

Marin chose to switch to renewable energy in 2010, and MCE offers two energy mix options: A 100 percent renewable energy option, and a less expensive 50 percent renewable option. MCE officials told the Guardian they have a 75 percent customer adoption rate, meaning most of Marin County is running on clean, renewable energy.

Using an energy bill calculator on MCE’s website, the average homeowner pays about $80 a month for their renewable energy in the summer, just $2 more than their dirty PG&E power. The program has been so successful for MCE’s approximately 125,000 customers that other cities have joined with Marin under what is called a Joint Powers Authority, allowing those cities to access MCE’s grid.

The City of Richmond joined into a Joint Powers Authority with Marin County in 2012, and Napa County also expressed interest in providing renewable energy through MCE.  That large adoption rate may be what has PG&E running scared.

“We faced very strong opposition from the incumbent utility during our launch,” Weisz told the Guardian, referring to PG&E. “Fortunately, we have a much better relationship with them now, and they serve as a good partner.”

The renewable energy is distributed along PG&E’s existing infrastructure, so the utility still has a role to play in providing electricity to Marin. But the utility certainly has worries when it comes to generating electricity, as Marin is building new sources of renewable energy up and down California.

“We have 24 different power supply contracts,” Weisz told us. This includes new solar facilities in San Rafael and the Central Valley, and renewable energy sources in Roseville and and Placer County.

Though other cities have signed on to receive energy through Marin County’s MCE program, San Francisco joining would be another ballgame entirely, Weisz said.

MCE has a policy of incremental expansion, she told us, and defines potential affiliate cities and counties as having fewer than 30,000 customers who are less than 30 miles away. Though San Francisco is a stone’s throw from Marin County, the potential customer base is huge: San Francisco has a population of over 800,000 people.

“It would require some analysis,” Wisz said dryly.

MCE’s analysis to include Napa County in its energy mix took 60 days, she said. Notably, San Francisco may produce its own power and use its own mix, and simply use MCE’s billing setup. Basically, San Francisco would provide energy through CleanPowerSF, but MCE would be a contractor that administers San Francisco’s program.

But joining into Marin’s renewable energy program has more hurdles than just figuring out the mix. Clean Power SF is a Community Choice Aggregation program, defined by state law as exactly that — part of the community. Jumping over to Marin may create a legal mess for San Francisco, but there is hope.

Assembly Bill 2159, introduced by Assemblyman Tom Ammiano, would allow a county’s Board of Supervisors to approve joining a Joint Powers Authority with another municipality, in this case, allowing San Francisco to join up with Marin, while still creating its own CCA program.

The bill just cleared the Assembly Utilities and Commerce Committee yesterday, and has a ways to go.

If that sounds like a legal headache, it is. But advocates say its necessary because Mayor Ed Lee has “stacked the deck” at the San Francisco Public Utilities Commission, hiring people friendly to blocking CleanPowerSF on his behalf.

“The main purpose of passing it is to get through the mayor’s log jam,” clean power advocate Eric Brooks told the Guardian. “We want San Francisco to go faster and make more green jobs.”

And, of course, to reduce greenhouse gas emissions. Avalos’ office estimates that in the time the mayor has stalled Clean Power SF, San Francisco has generated 80 million pounds of CO2.

Politics over policy

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Joe@sfbg.com

Paid Sunday parking meters were unanimously repealed by the San Francisco Municipal Transportation Agency Board of Directors on April 15.

Sunday meters will be free starting July 1, a losing proposition for many, including seniors and people with disabilities who advocated for free Muni passes at the same SFMTA meeting.

There’s a dire need. Betty Trainer, board president of Seniors & Disability Action, relayed a senior’s story printed on one of 500 cards collected by her advocacy group.

“I’m often cold and can’t walk like I used to,” Trainer read aloud. “Most days I’m stuck in my room on my own. Help me out. No one should be a recluse for lack of money.”

In increasingly expensive San Francisco, seniors and people with disabilities often can’t afford to take a bus. They asked the SFMTA board to grant them mobility, but were denied.

Tom Nolan, president of the SFMTA Board of Directors, said it would be a matter of “when, not if” the board would revisit funding free Muni for elderly and disabled passengers, and would likely take up the question again in January.

Yet many who spoke out at the meeting hammered home the point that paid Sunday meters could have easily covered the cost of such a program.

Meanwhile, a SFMTA study found that paid Sunday meters also made life easier for drivers and business proprietors. So why would the SFMTA board vote down a measure with so many benefits?

Ultimately, the decision on Sunday meters stemmed from political pressure from the Mayor’s Office. The vote reflects decision-making not predicated on whether the policy worked or not, but whether it could be sacrificed to gain political leverage.

 

GOOD FOR EVERYBODY

The SFMTA’s December 2013 “Evaluation of Sunday Parking Management” study may not sound like entertaining bedtime reading, but the report identifies surprising biggest winner of the paid Sunday meter program: drivers.

“It is now easier to find parking spaces in commercial and mixed use areas on Sundays,” the report begins. Between 2012 and 2013, the average parking availability on Sunday doubled during metered hours, increasing from 15 percent to 31 percent. Parking search times were lowered as well.

Sunday drivers in 2012 spent an average of 14 minutes circling for a spot; in 2013, the average was dramatically reduced to four minutes.

That created a ripple effect benefiting businesses too, as higher turnover meant more customers cycling through parking spaces, something the business advocates have pointed out.

“You can drive into merchant areas now where you couldn’t before,” Jim Lazarus, senior vice president of public policy at the San Francisco Chamber of Commerce, told us in an interview for a previous story.

Paid Sunday meters also provided sorely needed funding for Muni.

The SFMTA’s most recent budget projection anticipated that paid Sunday meters would yield as much as $11 million. The already approved Free Muni for Youth program and the stalled free Muni for seniors and people with disabilities program would cost Muni about $9 million, all told.

That nearly direct cost correlation could be the reason why the free Muni issue got wrapped into arguments against repealing paid Sunday meters.

“To some people $23 may not be much, but to [seniors], every penny counts,” Pei Juan Zheng, vice president of the Community Tenants Association, told the board. She spoke in Cantonese, through a interpreter. “I know some senior couples who can only afford one Muni pass and share it, taking turns to go on doctor’s visits.”

meterbigSo paid parking meters benefit many diverse constituents, and even SFMTA Executive Director Ed Reiskin publicly favored them. Making Sunday meters free again wasn’t Reiskin’s idea, he told us back in February.

That order came straight from Mayor Ed Lee.

 

POLITICAL MINDS

Lee’s statement to the press the day after the meters were repealed said it all.

“Repealing Sunday parking meters is about making San Francisco a little more affordable for our families and residents on Sunday, plain and simple,” Lee wrote. “Instead of nickel and diming our residents at the meter on Sunday, let’s work together to support comprehensive transportation funding measures this year and in the future that will invest in our City’s transportation system for pedestrians, bicyclists, transit riders and drivers alike.”

Lee’s reasoning doesn’t address Sunday meters as policy, but as political fallout.

Two initiatives seeking funds for Muni are headed for the November ballot. In public statements, Lee repeatedly expressed fear that keeping in place Sunday meter fees, which generate revenue for Muni, would dissuade car-bound voters from supporting more funding for Muni at the polls.

The SFMTA board didn’t even pretend to vote against the measure for its policy merits, instead vocalizing what insiders already knew: Mayor Lee wanted the paid meters killed.

“We need to take a step back and make sure we win in November,” said Joel Ramos, an SFMTA director, moments before the vote.

“I know Mayor Lee has some of the best political minds in his office,” Cheryl Brinkman, another SFMTA director, chimed in. “Lee is certain this will help us in November and help us with our ballot measures.”

It seems these “best political minds” had greater sway in the end than SFMTA’s own policy reports on funding and benefits brought by Sunday meters.

 

VOTING FOR THE MAYOR

The SFMTA Board of Directors is appointed solely by the mayor. Efforts in 2010 to reform the body to be a mix of appointments from the Board of Supervisors and the Mayor’s Office went nowhere.

So as things stand, SFMTA directors’ chances of reappointment depend upon the will of the mayor.

After the SFMTA board voted on Sunday meters, we phoned Brinkman to ask if Lee’s appointment power swayed her vote on paid Sunday meters. She dismissed the idea, saying, “I have really strong confidence in this MTA board.”

But Brinkman did say she was told by the Mayor’s Office, though not the mayor himself, that Lee wanted to “kind of give people a break.”

Past SFMTA directors have run afoul of the mayor’s wishes on parking meter issues before. In 2010, StreetsBlog SF wrote how then-SFMTA director Bruce Oka was called into then-Mayor Gavin Newsom’s office for a stern scolding after he publicly backed extending paid parking meter hours.

“I don’t know if you’ve heard this about the Mayor’s Office, but they tend to be a little aggressive when they want people to be in line with the mayor,” Oka told StreetsBlog SF.

Notably, Lee opted to not reappoint Oka, instead appointing Cristina Rubke, whose sole political experience beforehand was advocating in public comment for the America’s Cup, according to SF Weekly. Oka was unavailable for comment for this story.

It’s not an unreasonable reach to say Oka’s frequent outspoken opposition to the positions of sitting mayors may have cost him his reappointment.

And Oka’s story raises another question: Does the SFMTA genuflect to the wishes of the Mayor’s Office? A look at past SFMTA board votes shows members’ startling consensus with the mayor, and with each other, for an ostensibly political board.

On smaller projects where one may expect political agreement, it’s there: The SFMTA board voted unanimously in 2011 to convert a portion of Haight Street for two-bus lanes, and in 2012 the board voted unanimously to approve Oak and Fell streets bike lanes.

But the board votes unanimously on more politically divisive matters too. Earlier this year, the commuter shuttle pilot program was greeted with controversy centered on Google buses. The packed SFMTA board meeting was perhaps one of the most contentious in recent memory, with those delivering public comment split between favoring the pilot program, or not.

But despite the fractious debate, the board voted unanimously to enact the commuter shuttle pilot program, a project the mayor had publicly championed.

“I don’t want to give anyone the impression that this mayor pressures the MTA board,” Brinkman told us. “This mayor,” she said, “really doesn’t.”

Before the vote, directors Ramos and Brinkman both acknowledged paid Sunday meters offer many benefits for drivers, but said the SFMTA failed to make the political argument for those benefits.

“We need to regroup and better explain parking management,” Brinkman told us in a phone interview. “Not just to the people who park but the Board of Supervisors, and even up to the Mayor’s Office.”

But even the directors who spoke favorably about paid Sunday meters voted to repeal them.

Hours after the public comment session finally wound to an end, it was time for SFMTA board members to vote on Sunday meters. Rather than discussing pros and cons, they swiftly rejected the program. And, in a move that should surprise no one, they voted unanimously.

Supervisors outfox landlords on eviction compensation measure UPDATED

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When the San Francisco Board of Supervisors gave final approval yesterday [Tues/15] to legislation that would substantially increase the payments landlords are required to give tenants they evict using the Ellis Act, the supervisors made a key change designed to counter a recent eviction push by landlords.

The legislation, approved on a 9-2 vote with Sups. Mark Farrell and Katy Tang opposed, increases the current required relocation payments of $5,265 per person or $15,795 per unit (plus an additional $3,510 for those with disabilities or over age 62) up to the equivilent of two years rent for a comparable unit, which means tens of thousands of dollars.

For example, the Controller’s Office calculates that a family evicted from a two-bedroom apartment in the Mission District where they pay $909 per month would be entitled to $44,833 in relocation costs.

The legislation was originally scheduled to go into effect 120 days after passage in order to give city officials enough time to implement it. But after sponsoring Sup. David Campos heard that landlords were rushing to evict tenants before those fees went up, he checked in with the City Attorney’s Office and other departments to see whether they could be ready sooner. And after getting the greenlight, he amended  the measure yesterday to go into effect 30 days after it’s enacted into law.

The question now is whether Mayor Ed Lee, who has not taken a position on the legislation, will act quickly to sign it. He has 10 days to decide, and given that the legislation was approved by a veto-proof majority, the question is really whether the mayor will support stalling the inevitable, thus encouraging more evictions at lower levels of relocation assistance.

But Mayor Lee has publicly touted his concerns about the eviction epidemic and support for Sen. Mark Leno’s Ellis Act reform legislation, SB1439. So I’m sure Lee is warming up his pen and preparing to sign the measure as I write this, right? We’ve got a message into his office with that question and I’ll update this post when we hear back.

UPDATE 4/18: Christine Falvey, the mayor’s press secretary, just finally responded to our inquiry and said, “The Mayor is reviewing and considering this legislation. I will keep you updated.” Apparently, he doesn’t feel the same sense of urgency that supporters of the measure feel. 

UPDATE 5/6: Mayor Lee waited 10 days and then allowed the measure to become law without his signature. 

Revisionist future

6

news@sfbg.com

Acidified oceans. Dirty air. Superstorms. Food shortages. Mass migration. War. The International Panel on Climate Change last week released the final installment of its latest authoritative report on the catastrophic effects of global climate change.

In no uncertain terms, the report states, it is urgent that steps be taken to mitigate the worst impacts. The world’s cities are the most at risk — yet hold the greatest potential for turning the tide, IPCC scientists noted. Making cities greener is one of the most effective ways to minimize climate change.

But as experts turn to cities in hopes of reducing greenhouse gas emissions, newly released documents suggest that officials in San Francisco Mayor Ed Lee’s office ordered the most effective strategies for achieving clean energy goals to be removed from the city’s plan for combating climate change.

 

CHANGE OF PLANS

The city’s Climate Action Strategy sets out the overarching goal of reducing greenhouse gas emissions to 80 percent below 1990 levels by 2050, a yardstick consistent with state and regional goals. For 10 years, the San Francisco Public Utilities Commission worked on a program that would have given city residents and businesses more access to renewable energy sources to help meet that emissions reduction target.

CleanPowerSF, a municipal power program that would replace Pacific Gas & Electric power for San Francisco customers, would provide electricity from 100 percent, California-certified renewable sources such as solar, wind, small hydro, and other green energy sources.

The Climate Action Strategy calls creation of a renewable energy portfolio a critical strategy for meeting the goal — and that’s precisely what CleanPowerSF set out to achieve. Over the course of a decade, millions of dollars were invested and untold staff hours devoted to creating the program.

Yet at the direction of Roger Kim, the mayor’s senior advisor on the environment, the city’s Department of the Environment removed the Climate Action Strategy’s reference to CleanPowerSF before the document was released to the public. The Department of the Environment was also directed to remove reference to PG&E’s 100 percent Green Power Option, a program floated as an alternative to CleanPowerSF.

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In a Sept. 30 memo to Kim, obtained via a public records request, former Department of Environment Director Melanie Nutter wrote, “At the request of the Mayor’s Office, mention of PG&E’s 100% Green Power Option and SFPUC’s CleanPowerSF program were removed from the Energy Chapter and replaced with the overarching goal of 100% renewable electricity (pgs 16,17).”

Nutter recently stepped down as the director of the agency.

The timing of Nutter’s memo is significant. Just weeks earlier, the SFPUC — whose five-member governing board is appointed by the mayor — refused to approve a not-to-exceed rate that would have allowed CleanPowerSF to move forward as planned. Instead of expressing opposition to the rate itself, commissioners expressed their overall opposition to CleanPowerSF before voting it down.

Lee had criticized the cost and mechanisms of CleanPowerSF, without proposing an alternative (see “Power struggle,” 9/17/13). His real motivations for deleting these two strategies from the city’s Climate Action Strategy report remain unclear, but Lee has long supported PG&E, which stands to lose customers if CleanPowerSF is successful.

 

NO REAL ANSWER

Both CleanPowerSF and PG&E’s green option were held up as pathways toward a greener future in the Climate Action Strategy until the Mayor’s Office intervened, leaving no city mechanisms for most San Franciscans to choose renewable energy sources.

“PG&E’s proposed green option and CleanPowerSF could operate in parallel,” Nutter wrote in a memo drafted a couple years ago. “CleanPowerSF is likely to have a much greater environmental benefit due to the size of the customer base that would be served, the program’s objective to create a market for local renewable power, and the amount of greenhouse gas reductions achieved.”

So why then were both of these efforts eliminated from the report at the last minute, after being incorporated by experts in the field? Lee Communications Director Christine Falvey did not provide an answer to this specific Guardian question about the removal decision despite being asked several times.

When the Guardian asked Mayor Lee in March why CleanPowerSF was removed from the report, Lee responded, “I don’t think I have a real answer for that.”

Also unanswered is the question of how the city will meet its greenhouse gas emission reductions target. A quarter of the city’s greenhouse gas emissions derive from residential and commercial electricity, according to the Climate Action Strategy. 

pgE 

Electricity provided by PG&E is only 50 percent emission-free, with nuclear energy as the company’s most significant carbon-free power source. SFPUC projections have shown that CleanPowerSF could reduce citywide greenhouse gas emissions by 25 percent by 2030.

Another quarter of our emissions come from natural gas usage, and 40 percent of total emissions are belched into the air by automobiles. Lee wants to encourage more electric vehicles, but that won’t help much if they’re powered by a dirty power portfolio.

Whereas CleanPowerSF represented a carefully crafted plan for hitting these long-term targets, Lee’s most recent comments on how these important goals will be reached seem vague at best.

“I think we take all our deliberations on climate action seriously,” Lee told the Guardian in March, “and I do think that our focus now has been on energy efficiencies. We are also trying now to beef up the GoSolar program to be sure to catch whatever the state is willing to do, because Governor [Jerry] Brown has been trying to tap where there can be more examples of that.”

“The Mayor is open to exploring all avenues that might be available to achieve our energy goals,” Falvey told us. “In fact, it will take a variety of strategies working in concert to achieve them, including increasing the energy efficiency of buildings to reduce the total power load, developing in-city renewables, and options for increasing the provision of renewable power at a utility-scale.”

Those last two goals are precisely what CleanPowerSF would have done. Critics have decried Lee’s move as harmful and politically motivated. “What Mayor Lee has succeeded in doing is to rip the guts out of the new Climate Action Strategy,” John Rizzo wrote in a recent Sierra Club newsletter, “rendering it as meaningless as the missed greenhouse-gas reduction targets from 2012.”

 

LOOKING AHEAD

At the Board of Supervisors’ mayor question time in March, Sup. John Avalos asked Lee to direct the Department of Environment to return CleanPowerSF to the Climate Action Strategy and commit to launching the program in 2014.

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Lee answered that he could not, saying the program was too problematic and the SFPUC has too many infrastructure repair needs. The SFPUC has pulled its staff from the project to redirect that work into energy infrastructure improvements.

Some are still holding out hope that CleanPowerSF could move forward. San Francisco’s Local Agency Formation Commission is set to begin researching what CleanPowerSF “would look like and to address other concerns that the Mayor and SFPUC Commissioners have raised,” LAFCo’s Senior Program Officer Jason Fried said.

Proponents are also investigating ways to launch the program independently of the mayor and the SFPUC, by partnering with Marin County’s version of the program.

“There is talk about joining the Marin Joint Powers Authority,” Fried said, “but we will exhaust every option to run our own program. We want the PUC and mayor on board.”

While the mayor and the commissioners charged with overseeing the SFPUC seem content to let CleanPowerSF fade into memory, Avalos is not willing to let it go without a fight.

“We’re facing the greatest crisis for this city, and our government pulls back on how to achieve this,” Avalos said at a March 31 Board of Supervisors committee hearing on the Climate Action Strategy. “If we want to be a great city, it’s up to us to generate the political will to implement these strategies.”

Joe Fitzgerald Rodriguez contributed to this report.

Federal criminal indictment of PG&E doesn’t go far enough

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  A federal grand jury in San Francisco yesterday issued a criminal indictment against Pacific Gas & Electric for negligence in the 2010 gas pipeline explosion in San Bruno that killed eight people and destroyed an entire neighborhood. That’s significant and serious, but it also falls far short of what this rapacious company and its conniving executives — none of whom face personal criminal charges — should be facing.

The indictment and media reports on it omit key details of what happened leading up this tragic and entirely preventable explosion, buying into the fiction that there is a meaningful difference between PG&E Co., the regulated utility, and PG&E Corp., the wealthy and powerful Wall Street corporation. This is a stark example of how corporations are given all the rights of individuals, but accept few of the responsibilities, with the complicity of the political and economic systems.

The 12-count indictment focused on violation of the Pipeline Safety Act, which requires companies to maintain their potentially dangerous pipelines, including keeping detailed records and doing safety inspections that would detect flaws like the faulty weld that caused the San Bruno explosion on Sept. 9, 2010 – work the company negligently failed to perform.

But PG&E’s wanton disregard for public safety, combined with the greed and shameless self-interest of then-CEO Peter Darbee and other executives, goes far deeper than that. A report by the California Public Utilities Commission released in January 2012 found that $100 million in ratepayer funds that had been earmarked for pipeline maintenance and replacement, including this section in San Bruno, was instead diverted to executive bonuses and shareholder profits.

“PG&E chose to use the surplus revenues for general corporate purposes,” the audit said, noting that the company was flush with cash at the time and there was no good reason to neglect this required maintenance.

And in 2010, those questionable corporate purposes included spending more than $45 million to write and promote Prop. 16, a June 2010 ballot measure that would have required approval by two-thirds of voters whenever cities wanted to start community choice aggregation programs such as San Francisco’s proposed CleanPowerSF. California voters rejected that outrageous ruse by more than a 2-1 margin – so Mayor Ed Lee and his appointees were forced to kill CleanPowerSF on their own last year.

PG&E maintains the explosion was just an accident.

“San Bruno was a tragic accident. We’ve taken accountability and are deeply sorry. We have worked hard to do the right thing for victims, their families and the community, and we will continue to do so,” PG&E CEO Tony Early, who was hired after the explosion, said in a prepared statement. “We want all of our customers and their families to know that nothing will distract us from our mission of transforming this 100-plus-year-old system into the safest and most reliable natural gas system in the country.”

But this “tragic accident” was foreseeable and preventable, particularly if PG&E was spending our ratepayer money on the system maintenance it was allocated for, instead of trying to fool us with a deceptive and myopic political campaign. Those were decisions made by real people, including Darbee and others, decisions that killed innocent people – and they should be held accountable. Neither this indictment nor a previous civil settlement go far enough.

PG&E’s employee union, IBEW Local 1245, continues to act as an apologist for the company executives, issuing a statement that in part says, “The federal indictment filed April 1st against the company says that PG&E willfully failed to identify and evaluate threats to its transmission pipelines. We know of nothing that would rise to the level of willful. It is possible there are things we don’t know. But based on what we do know, the company failures that led to the San Bruno explosion were not willful.”

Meanwhile, even some PG&E shareholders are siding with the company’s federal prosecution while bringing a shareholder lawsuit seeking to recover some of the diverted funds. Their high-powered attorney, Joe Cotchett, issued a statement today that said, “We welcome yesterday’s indictment by the federal grand jury of PG&E on criminal charges that it violated federal pipeline regulations. It is clear the federal government agrees with us that PG&E chose profits over safety. The indictment comes as no surprise, as it closely mirrors the detailed complaint we filed months ago against PG&E’s officers and directors, after our own extensive investigation.  The indictment states that PG&E ignored and failed to properly identify potential threats to gas pipelines, failed to gather relevant data, maintained flawed records, and as a result, was unable to accurately assess the dangers related to its lines that could have prevented the explosion. On behalf of the shareholders of PG&E, we intend to amend our complaint to add some additional facts stated in the indictment.”

“Our complaint alleges that PG&E’s executives dropped the ball and failed to implement safety measures despite numerous red flags raised by Company insiders with risk management responsibilities. We allege PG&E has already incurred charges of about $1.83 billion related to the San Bruno accident and natural gas matters. In its annual report, PG&E admitted that this criminal investigation could expose the Company to even greater losses. Our complaint also alleges that PG&E’s Board sponsored reviews of its risk management practices revealing that PG&E was in ‘crisis’ mode prior to the accident, and that, in 2007, PG&E’s newly-hired Senior Vice President of Engineering and Operations determined that the Company’s Enterprise Risk Management program ‘seems unactionable because almost everything is broken.’”

This is the company that Mayor Lee praises as a “great company that gets it,” supporting its continued monopoly control of San Francisco’s energy system and subverting a city proposal to provide renewable energy to city residents, even as the threats posed by global warming increase, as this week’s report by the United Nations Intergovernmental Panel on Climate Change warns.

This is a sick system, and something needs to change.

SF’s culture of corruption

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EDITORIAL The extent of the charges in the criminal complaint against Sen. Leland Yee, political consultant Keith Jackson, and others are shocking and sensational: international arms trafficking, drug dealing, money laundering, cavorting with organized crime figures, murder for hire. But the basic allegation that Yee and Jackson practiced a corrupt, transactional kind of politics wasn’t surprising to anyone who knew how they operated.

What’s worse, they were simply a more extreme — and now, thanks to FBI wiretaps and undercover agents, a better documented — example of the political corruption that is endemic to San Francisco and some other high-stakes American cities. The city of St. Francis gets sold out to the highest bidders everyday, by politicians who value wealthy constituents over the vast majority of us who are just trying to get by — and over the interests of city finances and governance.

Part of the problem is inherent in our money-driven political system, in which politicians are constantly hustling for cash from people who want things from them. Politicians deny they take actions with political contributions in mind, but well-heeled capital and labor interests don’t spend millions of dollars on contributions out of the goodness of their hearts. These are business transactions.

We wholeheartedly support the call Senate President Darrell Steinberg made for fundamental political reform during the March 28 vote to suspend Yee and two of his allegedly corrupt colleagues. These cases aren’t aberrations, they are indicative of how power get wielded when it’s based on wealth. That’s the reality that has gotten even uglier since the Citizens United decision equated money with political speech and upped the ante for would-be public servants.

But much of the problem is particular to San Francisco, where cozy relationships between politicians and corporate interests are often feted in plain view. Former Mayor Willie Brown — a lawyer and unregistered lobbyist who won’t reveal his huge corporate client list despite having an influential weekly column in the San Francisco Chronicle — helped install his longtime City Hall functionary Ed Lee into Room 200 to guard against anyone asking too much of the rich and powerful. Yee and Lee represented rival Chinatown economic factions, both wanting to use the power of the Mayor’s Office for their interests.

In his March 22 column, Brown once again repeated a joke he’s used before, that the “e” in email stands for “evidence,” which is really only funny in a sick political culture that celebrates slick rule-breakers. And it was from Brown that Lee learned it was acceptable to brazenly give tax breaks and regulatory passes to the tech companies that his top fundraiser, venture capitalist Ron Conway, are invested in.

Megadeveloper Lennar Urban used its wealth and political connections to take control of San Francisco’s biggest tracts of undeveloped and underdeveloped land, including Hunters and Candlestick points and Treasure Island, paying off community groups and hiring Jackson and other political henchmen to get the job done.

In fact, the FBI complaint says Jackson was working on behalf of that project when he approached accused Chinatown gangster Raymond “Shrimp Boy” Chow for support, leading to their alleged involvement in a string of wild criminal conspiracies. Meanwhile, Chow was getting public commendations from San Francisco-based politicians including Lee, Yee, Gavin Newsom, Dianne Feinstein, Fiona Ma, and even Tom Ammiano. Chow courted political legitimacy the same way politicians seek cash, and mainstream media outlets were happy to play along.

Throughout his political career, Yee has carried water for Pacific Gas & Electric, perhaps the most corrupting contributor to political campaigns in the city’s history. PG&E’s influence at City Hall had thankfully waned in recent years as a result of overreach and deadly criminal negligence, until Lee and his appointees last year killed CleanPowerSF (see “Challenge Mayor Lee and his lies,” 9/17/13) on a pretext so thin it could only be gift to PG&E.

In many ways, San Francisco hasn’t changed. It’s still the old Barbary Coast, ruled by capitalist thugs and corrupt politicians, only with glossy modern spin created by armies of well-paid political consultants. But we all deserve better.

Yee and Jackson should go to prison if there’s even a slice of truth to the allegations against them. And maybe they’ll cut deals and take other political figures down with them, giving us more of a peek behind the curtain of political power. But it’s up to all of us to break the close ties between economic and political power and begin to restore the democratic power of everyday people.

The unanswered question: How do we bridge SF’s affordable housing gap?

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Nobody has a good answer to San Francisco’s most basic housing problem: How do we build the housing that existing city residents need? It was a question the Guardian has been posing for many years, and one that I again asked a panel of journalists and housing advocates on Friday, again getting no good answers.

The question is an important one given Mayor Ed Lee’s so-called “affordability agenda” and pledge to build 30,000 new housing units, a third of them somehow affordable, by 2020. And it’s a question that led to the founding 30 years ago of Bridge Housing, the builder of affordable and supportive housing that assembled Friday’s media roundtable.

“There really isn’t one thing, there needs to be a lot of changes in a lot of areas to make it happen,” was the closest that Bridge CEO Cynthia Parker came to answering the question.

One of those things is a general obligation bond measure this fall to fund affordable housing and transportation projects around the Bay Area, which Bridge and a large coalition of other partners are pushing. That would help channel some of the booming Bay Area’s wealth into its severely underfunded affordable housing and transit needs.

When I brought up other ideas from last week’s Guardian editorial for capturing more of the city’s wealth — such as new taxes on tech companies, a congestion pricing charge, and downtown transit assessment districts — Parker replied, “We’d be in favor of a lot of that.”

Yet it’s going to take far more proactive, aggressive, and creative actions to really bridge the gap between the San Francisco Housing Element’s analysis that 60 percent of new housing should be below-market-rate and affordable to those earning 120 percent or less of the area median income, and the less than 20 percent that San Francisco is actually building and promoting through its policies.

Stated another way, about 80 percent of housing we’re building is for a small minority of city residents, or the wealthy people that these developers hope to attract to the city. And we’re not building housing for the vast majority of city residents. That is a recipe for gentrification, displacement, and destruction of San Francisco as a progressive-minded city.

Parker parroted Lee and other pro-development boosters, including SPUR, in arguing that city needs to make it easier and faster for developers to build new housing of all types. “In San Francisco, we do need to expedite the [housing] entitlement process,” Parker said.

But when asked whether meeting or exceeded Lee’s housing production goals would ever bring the price of market-rate housing down to the level where someone more 120 percent of AMI — which HUD recently set at $81,550 for single San Franciscans, or $116,500 for a family of four — Parker conceded that it wouldn’t.

The bottom line for San Francisco and its overheated real estate market is we can never built our way to affordability. The only way to build housing that most people can afford is with public subsidies, and San Francisco just isn’t asking enough from its wealthy individuals, corporations, and developers to create an Affordable Housign Trust Fund that is anywhere near big enough to meet the real demand.

That kind of assertion seems radical by the standards of today’s skewed political (and online) discourse. But when I raised it to a panel that included Bridge Housing officials, members of SPUR and HOPE SF, and a panel of journalists from such pro-development outlets as San Francisco Business Times, San Francisco Magazine, SocketSite, The Registry SF, KQED, and TechCrunch (as well as the more Guardian-aligned Mother Jones), nobody had any good answers or remedies to that basic question that we’ve raised again and again.

Instead, some of the business journalists offered a more sober assessment of what’s to come than most of this city’s pro-development boosters, noting a few signs of irrational exhuberance in the local economy.

The Registry’s Vladimir Bosanac said he’s observed a recent trend of developers buying up unentitled land, indicating more optimism in the sustainability of this development boom than market conditions might warrant. Adam Koval of SocketSite, an early predicter of the last dom-com crash, also voiced sketicism in the pervasive “this time is different” faith in the tech sector, noting how realms such as gaming and online coupons are losing steam and predicting that commercial rents are plateauing.

“I think there are some real gut checks coming up,” Koval said of the tech sector and the sustainability of its growth and valuations.

Perhaps it’s also time for a gut check by Mayor Lee and others who argue that we can build our way to housing affordability without any major new efforts to capture more of the wealth now being generated in San Francisco, wealth that might not be here later if we continue avoiding the question of how to provide the housing that San Francisco needs. 

The miraculous and mysterious, disappearing, reappearing Clean Power SF data

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The fight for clean power in San Francisco just got a whole lot dirtier.

In an update to the City’s Climate Action Strategy report, a prominent section discussing goals to use renewable energy featured CleanPowerSF — and then suddenly it didn’t.

For those not in the know, CleanPowerSF is a renewable energy initiative meant to give San Franciscans 100 percent renewable energy, while making us a hell of a lot less reliant on the local monopoly: PG&E. The initiative, pushed by Supervisors John Avalos, David Campos and other progressive allies, faced long-time blowback from Mayor Ed Lee.

As the Guardian has reported before, it’s a central city policy to reduce emissions by 25 percent below 1990 levels by 2017, and 80 percent below those levels by 2050.

To reach those goals many feel we need CleanPowerSF, but the mayor seems to have scrubbed it out of his environmental report without so much as a how-you-do.

The change was made apparent by a prominent blank white space on page 17 of the Climate Action Strategy report, and was discovered by Supervisor John Avalos’ office. When you highlight the blank space with your cursor, copy the section, then paste it into a document, you can see the goals of CleanPowerSF laid out plain as day.

CleanPowerSF by the Residential

and Commercial Sectors

Sector               2012   2017   2020   2025   2030

Commercial   0%       5%       10%     45%     80%

Residential     0%       16%     19%     60%     100%

The scrubbed information shows CleanPowerSF helping the city reach its renewable energy goals. The numbers are hidden in the Climate Action Strategy report, like a message in a bottle, or a painted egg hidden under a bush on Easter. 

It’s as if someone didn’t want to delete the CleanPowerSF entry entirely, and instead turned the text white in order to signal that the text used to be there. Perhaps the preparer of this report was foiled by the technological wonder known as cut-and-paste. Or more intriguingly, perhaps this was the first-ever case of activist report writing (in which case: Dear subversive report writer, please send us documents through BayLeaks).

Whether the information was left in accidentally or on purpose, it’s now clear that the mayor is dead set on scrubbing CleanPowerSF from city records, even at the expense of the city’s environmental goals. 

Above is the report. Check it out for yourself, page 17 (in the report’s numbering, not the digital numbering).

At the mayor’s Question Time today, where supervisors ask pre-planned and pre-announced questions of the mayor, Supervisor Avalos pinned Mayor Lee down on the document scrub-out.

“In your letter of introduction to the 2013 CAS you wrote the need for action has never been more evident,” Avalos said. “The Climate Action Strategy goes on to state that moving onto 100 percent renewable energy is the biggest single step the city can take to reduce greenhouse gas emissions. And yet there was an attempt to scrub CleanPowerSF… from the Climate Action Strategy.”

The version of the Climate Action Strategy included a whited out table on CleanPower SF… that table was unceremoniously removed in a new version posted two days later,” he said.

The mayor’s answer was filled with some equivocations and some fabrications. 

“We should not move forward with a program that contracts with a fossil fuel company in Texas, it doesn’t produce enough local jobs or environmental benefits,” he said. “Supervisor, I’m glad you mentioned the Climate Action Strategy.” 

Retired San Francisco Public Utilities Commission Executive Director Ed Harrington told  Guardian Editor Steven T. Jones exactly why CleanPowerSF was needed, in a story of his back in 2012: “This program before you has the only chance of reaching those goals. There’s nothing else.” 

Asking Mayor Ed Lee to explain the disappearance of the information from the report.

After question time, this reporter and a few others questioned the mayor as he walked back to his office.

What was behind the scrubbing of the CleanPowerSF data? Why did it suddenly vanish from the report?

“I don’t think I have a real answer for that,” the mayor said.

Lee must pay for his promises

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EDITORIAL

Mayor Ed Lee has made a lot of promises to San Franciscans, but he has been unwilling to pay for them with money from the city or his wealthy backers, transforming these statements in hollow political platitudes — or, less charitably, calculated lies meant to mask the true state of the city.

Lee pledged to build 30,000 units of new housing — a third of it affordable to those with moderate incomes and below — by 2020. By that same year, Lee set the goal of increasing bicycling to 20 percent of all vehicle trips in the City. Lee also directed city departments to develop strategies for reducing pedestrian deaths by 50 percent by 2021. And so Muni’s aging fleet can keep up with population growth, Lee’s SF2030 Transportation Task Force said the transportation system needs a $10 billion capital investment over the next 15 years, a target Lee endorsed.

These were all admirable goals, and in each case, city agencies studied the problems and developed detailed strategies for getting there. And in each case, Mayor Lee chose to fund just small fractions of what the city would need to make his promises come true.

Actually, the housing problem is still being studied, but nobody thinks this goal will be met — as even the pro-development San Francisco Business Times said in a recent editorial — particularly given how the Mayor’s Office structured the business tax reform and Affordable Housing Fund ballot measures in 2012, with giveaways to developers and favored economic sectors, such as tech.

Lee’s WalkFirst program would need $240 million to meet his modest goals — far more to actually realize the VisionZero goal of eliminating all pedestrian deaths, which Lee said he supports — and the Mayor’s Office has only pledged $17 million in funding. The cycling goals would take more than $500 million, not the $30 million currently pledged. Even with approval of the two transportation ballot measure proposed for this fall, and those planned for future years, that only gets the city about a third of the way to meeting San Francisco’s future transportation needs.

Meanwhile, a downtown SF congestion pricing charge that has been studied using federal funds — which would reduce traffic and pedestrian deaths while raising $80 million annually — is being ignored by Lee, as is the once-promising idea of downtown transit assessment districts. Lee is refusing to seek the city’s share of the tremendous wealth now be generated in this city.

As a result, Lee is making promises that he knows he won’t deliver on. And last week, in the five-year budget projection his office is required to issue, we all saw the results of Lee’s economic policies: growing budget deficits for this booming city. Next year’s $67 million deficit is projected to balloon to $340 million by 2017-18. Mr. Mayor, “getting things done” requires more than just words, it requires the political courage to make your promises comes true.

Muni fare shakedown

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Update: Just a day after the release of this article, advocacy group POWER announced that Google pledged to pay for Free Muni For Youth for two years. “This validates both the success and necessity of the Free Muni for Youth program,”said Bob Allen, leader in the FreeMuni for Youth coalition, in a press release. “We need tech companies in San Francisco and throughout the region to work with the community to support more community-driven solutions to the displacement crisis.” 

The funding though is promised only for two years, and when that timeframe is up the question will still remain — will Muni’s operating budget pay for something Mayor Ed Lee could find funding for elsewhere? Additionally, Google hasn’t announced funding for free Muni for seniors or the disabled, another program up for consideration in the San Francisco Municipal Transportation Agency’s new budget. That may change if and when it is approved by the SFMTA for the next budget year. 

“I think it’s a positive step in the right direction,” Superivsor David Campos, the sponsor of Free Muni For Youth, told us. “But there are still questions about what it means in terms of the long term future of the program. It’s only a two year gift.” 

“We have asked for a meeting with Google and the mayor’s office and the coalition to talk about long term plans, to find out more information about what this means.” 

There’s a tie that binds all Muni riders. From the well-heeled Marina dwellers who ride the 45 Union to Bayview denizens who board the T-Third Sunnydale line, we’ve all heard the same words broadcast during sleepy morning commutes.

“Please pay your fare share.”

The play on words (also seen on Muni enforcement signage) would be cute if it didn’t perfectly represent how Muni riders may now be stiffed. A slew of new budget ideas hit the San Francisco Municipal Transportation Agency Board of Directors last week (Feb. 18), and who will pay for it all is an open question.

The first blow to riders is a proposed single-ride fare hike from the current $2 to $2.25.

Other proposals include expanding the Free Muni for Youth program, rolling out a new program offering free Muni for seniors and the disabled, and a fare hike to $6 for the historic F streetcar.

The odorous price jumps (and costly but promising giveaways) are moving forward against a backdrop of a Muni surplus of $22 million, which the board has until April to decide how to use, and a controversial decision by Mayor Ed Lee to make a U-turn on charging for parking on Sundays.

The meter decision would deprive Muni of millions of dollars.

“We’re not proposing anything here, just presenting what we can do,” SFMTA Director Ed Reiskin told the SFMTA board at City Hall last week.

There’s still time to change the SFMTA board’s mind on the proposals between now and final approval of the budget in April. But who will end up paying for a better Muni?

 

FARE HIKES NOT FOUGHT

In 2010, the SFMTA instituted a policy to raise Muni fares along with inflation and a number of other economic factors, essentially putting them on autopilot. The SFMTA board still has to approve the fee hikes, which may rise across the board.

fares One-time fares may jump to $2.25. Muni’s monthly passes would see an increase by $2 next year and more the following year. The “M” monthly pass will be $70 and the “A” pass (which allows Muni riders to ride BART inside San Francisco) will be $81.

Muni needs the money, Reiskin said.

“To not have (fares) escalate as fuel and health care costs increase, you can’t just leave one chunk of your revenues flat,” he told the Guardian. Muni’s operating budget will expand from $864 million this year to $958 million in 2016. “Salary and benefit growth is the biggest driver of that,” Reiskin said.

Mario Tanev, spokesperson for the San Francisco Transit Riders Union, said the hike was expected.

“We’re not necessarily against the inflation increase,” he said. “But though the parking fines SFMTA levies are inflation adjusted, other rates (against drivers) are not. There are many things in our society that disincentivize transit and incentivize driving.”

Drivers enjoy heavy subsidies to their lifestyle on the federal, state, and local levels, from parking lot construction, the cost of gasoline, and now it seems, renewed free Sunday parking meters. The new fare increases are hitting transit riders just as the mayor is poised to yank funding from Muni to put in the pockets of drivers.

 

PLAYING POLITICS

When the paid Sunday meter pilot began in early 2013, it was a rare flip in a city that often treats Muni like a piggy bank: money was floated from drivers and dropped onto the laps of transit.

A report from SFMTA issued December 2013 hailed it as a success for drivers as well: Finding parking spaces in commercial areas on Sundays became 15 percent easier, the study found, and the time an average driver spent circling for a space decreased by minutes.

Even some in the business community call it a success, since a higher parking turnover translates to more customers shopping.

Jim Lazarus, senior vice president of public policy at the Chamber of Commerce, is a supporter of the paid Sunday meters. “You can drive into merchant areas now where you couldn’t before,” he told us.

Eliminating Sunday meter fees would punch a $9.6 million hole in Muni’s budget next year, by SFMTA’s account.

The timing couldn’t be worse. On the flip side the Free Muni for Youth program, which targets low-income youth in San Francisco, may expand next year at an estimated cost of about $3.6 million, and a program to offer free Muni for the elderly and disabled would cost between $4 and $6 million — close to the same the same amount that would be lost by the meter giveback.

 

BOOSTING SAN FRANCISCO FAMILIES

“As an 18-year-old in high school it was a struggle to get to school, it was a struggle to find 75 cents or two dollars to get home,” Tina Sataraka, 19, told the SFMTA board last week. As a Balboa High School student, Sataraka had a 30-minute commute from the Bayview. She’s not alone.

A study by the San Francisco Budget & Legislative Analyst’s office found that 31,000 youth who faced similar financial hurdles had signed up for the Free Muni for Youth pilot program, a resounding success in a city where the youth population is dwindling. Authored by Sup. David Campos, the program may redefine “youth” to include 18-year-olds, who are often still in high school.

But initial grant funding for the program has dried up, so now Muni will foot the bill.

Not one to say “I told you so,” Sup. Scott Wiener said there were reasons for objecting to the program a year ago.

“My biggest, fundamental objection to the program was less that they were giving free fares to kids, and more that they were taking it out of Muni’s operating budget,” Wiener told us. “They need to find a way to pay for it, perhaps from the General Fund, and not just taking the easy and lazy way out.”

The Budget & Legislative Analyst recommended several options for alternative funding: special taxes on private shuttle buses (Google buses), or an increased vehicle license fee specially earmarked for the youth bus program. So far, Mayor Ed Lee hasn’t shown an interest.

“There haven’t been discussions of having the Board of Supervisors fund free Muni for youth,” Reiskin told us. The same goes for the mayor. And though Reiskin was cautious and political about the possibility of Sunday meters becoming free again, he didn’t sound happy about it.

“As for what’s behind [the mayor’s] call for free Sunday parking, that didn’t come from us,” Reiskin told us. “That came from him.”

 

NOVEMBER RISKS

Mayor Lee’s office didn’t answer our emails, but politicos, including Wiener and Chronicle bromance Matier and Ross, indicated the mayor may be reversing on Sunday parking meters to appease the driving voter electorate.

There are two measures up on the November ballot, and one is aimed right at drivers’ wallets.

The two measures, a $1 billion vehicle license fee hike, and a $500 million transportation bond, are both aimed at shoring up the SFMTA’s capital budget. An October poll paid for by the mayor showed 44 percent of San Franciscans in favor of a vehicle fee hike, and 50 percent against, according to the San Francisco Chronicle.

Reiskin said the loss of those two ballot measures would be crippling to Muni’s future.

“The improvements we’re trying to make to make Muni more reliable, more attractive, those won’t happen. This is our funding source for that,” he said.

The mayor is busy smoothing the potholes towards the bonds’ success in the November election, but it seems he’s willing to pile costs onto Muni and its riders to do it.

Correction 2/26: An editing error led to the erroneous calculation of Free Muni For Youth at near $9 million. Free Muni For Youth is only estimated to cost the SFMTA $3.6 million. It is the combination of Free Muni For Youth and free Muni for the disabled and elderly that equal about $9 million. 

 

Ammiano and Leno seek to reform the Ellis Act and slow SF evictions [UPDATED]

110

State lawmakers from San Francisco are launching a two-pronged attack on the Ellis Act, which real estate speculators are increasingly using to evict tenants from rent-controlled apartments and cash in on a housing market that’s been heated up by demand from high-paid employees of the booming tech sector.

Assemblymember Tom Ammiano today introduced Assembly Bill 2405, which would allow the San Francisco voters or the Board of Supervisors to declare a mortorium on Ellis Act evictions when the city’s state-mandated affordable housing goals aren’t being met.

Sen. Mark Leno is also planning to introduce his own Ellis Act reforms by today’s legislative deadline for introducing new bills. He’s been working on a reform package with Mayor Ed Lee, but Leno is keeping the details under wraps under Monday at 9am when the pair will hold a press conference outside a Chinatown apartment building to announce their proposal.

Both proposals face an uphill battle in Sacramento given that San Francisco is one of only a couple jurisdictions in the state that have rent control, which Ellis Act was designed to undermine by allowing landlords to get out of the rental business and remove apartments for the market. And the real estate industry industry is expected to strongly oppose the reforms.

“It will, of course, be very difficult, but Mr. Ammiano has been talking about this for months and he’s committed to doing something,” his Press Secretary Carlos Alcala told the Guardian.   

UPDATE 2/24] Leno and Mayor Lee — flanked by other supporters of the legislation, including Sups. David Campos and David Chiu, rival candidates to succeed Ammiano — this morning announced the introduction of Senate Bill 1439. It would authorize San Francisco to prohibit those who buy rental properties to invoke the Ellis Act and evict tenants for at least five years, and only allow only one Ellis Act eviction for the life of each property. 

“The original spirit of California’s Ellis Act was to allow legitimate landlords a way out of the rental business, but in recent years, speculators have been buying up properties in San Francisco with no intention to become landlords but to instead use a loophole in the Ellis Act to evict long-time residents just to turn a profit,” Leno said.

Ammiano’s press release follows, followed by Leno’s:

 

Ammiano Introduces Bill to Stem Evictions from Affordable Housing

 

SACRAMENTO – Assemblymember Tom Ammiano today introduced AB 2405 to empower local jurisdictions to stop the erosion of affordable housing stock.

 

“San Francisco is seeing a terrible crisis,” Ammiano said. “The people who have made our city the diverse and creative place that it is are finding it harder and harder to stay in San Francisco. The rash of Ellis Act evictions has only made it worse.”

Ellis Act evictions are permitted under certain circumstances when a property owner is taking a rent-controlled unit out of the rental market. However, some owners have been abusing these provisions and improperly evicting tenants from rent-controlled units. The problem is not restricted to San Francisco, although the city is going through a particularly critical loss of affordable housing.

AB 2405 would allow local jurisdictions – by means of a Board of Supervisors or public vote – to enact a moratorium on Ellis Act evictions when the local housing element is not met. Also, the bill would hide no-fault evictions from tenant records or credit checks in unlawful detainer cases, and would place Ellis Act unlawful detainer cases on civil court calendars.

“Experience shows you can’t build your way out of an affordable housing crisis,” Ammiano said. “We have to do what we can to preserve what affordable housing we have. This is one piece of that effort.”

New Legislation Closes Ellis Act Loophole for San Francisco

Senator Mark Leno Joins Mayor Ed Lee, Tenant Advocates, Labor Groups and Business Leaders

to Stop Speculative Evictions in San Francisco

 

SAN FRANCISCO – Senator Mark Leno today joined San Francisco Mayor Ed Lee, other elected officials, tenant advocates, labor groups and business leaders to introduce legislation closing a loophole in the Ellis Act that allows speculators to buy rent-controlled buildings in San Francisco and immediately begin the process of evicting long-term renters. Aiming to mitigate the negative impacts of a recent surge in Ellis Act evictions in San Francisco, Senate Bill 1439 authorizes San Francisco to prohibit new property owners from invoking the Ellis Act to evict tenants for five years after the acquisition of a property, ensures that landlords can only activate their Ellis Act rights once, and creates penalties for violations of these new provisions.

 

“The original spirit of California’s Ellis Act was to allow legitimate landlords a way out of the rental business, but in recent years, speculators have been buying up properties in San Francisco with no intention to become landlords but to instead use a loophole in the Ellis Act to evict long-time residents just to turn a profit,” said Senator Leno, D-San Francisco. “Many of these renters are seniors, disabled people and low-income families with deep roots in their communities and no other local affordable housing options available to them. Our bill gives San Francisco an opportunity to stop the bleeding and save the unique fabric of our City.”

 

Ellis Act evictions in San Francisco have tripled in the last year as more than 300 properties were taken off the rental market. This spike in evictions has occurred simultaneously with huge increases in San Francisco property values and housing prices. About 50 percent of the city’s 2013 evictions were initiated by owners who had held a property for less than one year, and the majority of those happened during the first six months of ownership.

 

“We have some of the best tenant protections in the country, but unchecked real estate speculation threatens too many of our residents,” said Mayor Lee. “These speculators are turning a quick profit at the expense of long time tenants and do nothing to add needed housing in our City. These are not the landlords the Ellis Act was designed to help, and this legislation gives San Francisco additional tools needed to protect valuable housing and prevent further Ellis Act speculator evictions, which has already displaced working families and longtime San Franciscans. This carve out is a good policy for San Francisco, and I thank Senator Leno for being a champion on this issue. Together we have built a large coalition of renters, labor and business leaders to fight this battle in Sacramento to support middle income and working families here in our City.”

 

“Rents in San Francisco are at an all-time high. My former neighbors and I, working families and seniors, were displaced from the place we called home for several decades,” said Gum Gee Lee. “Those that have yet to receive an Ellis Act notice continue to live in fear, fear that they too will be evicted from their homes. For seniors such as myself who rely on public transportation and access to social and health services within our community, Ellis evictions cut our lifeline, our independence to thrive. For working class families such as my former neighbors from Jackson Street, they continue to struggle to survive in San Francisco. San Francisco is our home.”

 

Enacted as state law in 1985, the Ellis Act allows owners to evict tenants and quickly turn buildings into Tenancy In Common (TIC) units for resale on the market. In San Francisco, the units that are being cleared are often rent controlled and home to seniors, disabled Californians and working class families. When these affordable rental units are removed from the market, they never return.

 

Senate Bill 1439 will be heard in Senate policy committees this spring.