San Francisco Chronicle

The strange, unique power of San Francisco mayors

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Mayor Ed Lee wields a strange and unique power in San Francisco politics, passed down from Mayor Gavin Newsom, and held by Mayor Willie Brown before him.

No, we’re not talking magic, though mayors have used this ability to almost magically influence the city’s political winds. 

When elected officials leave office in San Francisco and a seat is left vacant, the mayor has the legal power to appoint someone to that empty seat. A study by San Francisco’s Local Agency Formation Commission conducted March last year shows out of 117 jurisdictions in California, and ten major cities nationwide, only seven jurisdictions give their executives (governors, mayors) the ability to appoint an official to a vacant seat. The other jurisdictions hold special elections or allow legislative bodies to vote on a new appointment. 

The power of a San Francisco mayor then is nearly singularly unique, the report found, but especially when seen in the context of the nation’s major cities.

“Of the 10 cities surveyed here,” the study’s authors wrote, “no other city among the most populous grants total discretion for appointments.” 

The study is especially relevant now, as Sup. John Avalos introduced a charter amendment to change this unqiuely San Franciscan mayoral power, and put the power back in the hands of the electorate.

His amendment would require special elections when vacancies appear on public bodies like the community college board, the board of education, or other citywide elected offices. He nicknamed it the “Let’s Elect our Elected Officials Act,” and if approved by the Board of Supervisors it will go to this November’s ballot.

Avalos touched on the LAFCo study while introducing his amendment at the board’s meeting on Tuesday [5/20]. 

“One of the striking results is how unique San Francisco’s appointment process is,” Avalos said. “There’s no democratic process or time constraint when the mayor makes these appointments.”

He pointed to then-Assessor Recorder Phil Ting’s election to California Assembly in 2012. Camen Chu, his successor, was not appointed by the mayor until February 2013, he said, a longstanding vacancy.

So what’s the big deal? Well, voters notoriously tend to vote for the incumbents in any race, so any official with their name on the slot as “incumbent” come election time has a tremendous advantage. In fact, only one supervisor ever appointed by a mayor was ever voted down in a subsequenet district-wide (as opposed to city-wide) election. This dataset of appointed supervisors was culled from the Usual Suspects, a local political-wonk blog:

Supervisor

Appointed

Elected

 

Terry Francois

1964

1967

 

Robert Gonzalez

1969

1971

 

Gordon Lau

1977

1977

 

Jane Murphy

1977

Didn’t run

 

Louise Renne

1978

1980

 

Donald Horanzy

1978

Lost in 1980

Switched from District to

Citywide elections.

Harry Britt

1979

1980

 

Willie B. Kennedy

1981

1984

 

Jim Gonzalez

1986

1988

 

Tom Hsieh

1986

1988

 

Annemarie Conroy

1992

Lost in 1994

 

Susan Leal

1993

1994

 

Amos Brown

1996

1998

 

Leslie Katz

1996

1996

 

Michael Yaki

1996

1996

 

Gavin Newsom

1997

1998

 

Mark Leno

1998

1998

 

Alicia D. Becerril

1999

Lost in 2000

Switched from Citywide to

District elections.

Michela Alioto-Pier

2004

2004

 

Sean Elsbernd

2004

2004

 

Carmen Chu

2007

2008

 

Christina Olague

2012

Lost in 2012

Only loss by a district

appointed supervisor.

Katy Tang

2013

2013


So mayoral appointments effectively sway subsequent elections, giving that mayor two prongs of power: the power to appoint someone who may agree with their politics, and the power to appoint someone who will then owe them.

A San Francisco Chronicle article from 2004 describes the power derived from appointees former Mayor Willie Brown infamously enjoyed.

Once at City Hall, Brown moved quickly to consolidate power, and using the skills he honed during his 31 years in the state Assembly, gained control of the Board of Supervisors. Before the 2000 election, he appointed eight of the 11 members, filling vacancies that he helped orchestrate, as supervisor after supervisor quit to run for higher office or take other jobs.

The board majority was steadfastly loyal, pushing through Brown’s policies and budget priorities with little debate. In a 1996 magazine article, he was quoted as likening the supervisors to “mistresses you have to service.”

Voters may soon choose what elected officials they want in offices. The mistresses of the mayor, or the mistresses of the people.

Graph of the LAFCo study produced by Guardian intern Francisco Alvarado. LAFCo looked at California jurisdictions as well as ten major cities nationwide.

Bernal blows up

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rebecca@sfbg.com

When Herb Felsenfeld and his wife, Gail Newman, look out the window of the Bernal Heights home they’ve lived in for more than 30 years, they see a vacant hilly lot grown in with tall grass, stretching up in the direction of nearby Bernal Heights Park.

The surrounding area has become quite popular. Earlier this year, real estate firm Redfin crowned Bernal Heights the nation’s No. 1 “hottest neighborhood,” its desirability ranked using “a combination of big-data analysis and real-life human experience,” according to the company blog.

There are plans to build two new single-family homes on the slope directly above them, causing a bit of a neighborhood stir. But one detail about this particular site — perched high atop Folsom Street on the eastern slope of Bernal Hill — has neighbors on edge.

Below the surface, extending up a 35 percent grade, is a natural gas pipeline owned and operated by Pacific Gas and Electric Co.

Property records designate it as Line 109, and it traverses the Bernal Heights neighborhood from farther south, running up Folsom Street. Two orange-and-white striped markers stake out its trajectory uphill, with an orange sticker on the back proclaiming, “Warning: Gas Pipeline.”

It’s serviced the area for at least 30 years, perhaps much longer, qualifying it as an aging piece of infrastructure. Felsenfeld, Newman, and neighbor Deborah Gerson say they’re worried that performing excavation on the slope for a road and new home foundations poses a safety threat.

Newman said she was especially perplexed by the San Francisco Planning Department’s issuance of a waiver of an environmental impact review, which is routine for a project of this size, citing no unusual circumstances. “I’m like, wait a minute,” she said. “There’s a pipeline here.”

One would think that any sort of risk would be eliminated by routine safety protocols. But it gets complicated when one considers that PG&E is under federal indictment for criminal negligence for its alleged failure to keep up with pipeline maintenance, due in part to sloppy recordkeeping. There may indeed be little risk involved with the new construction at this site — but then again, the neighbors’ concerns raise questions about whether adequate measures are in place to guarantee safety in this and other situations.

The criminal charges facing PG&E that were filed March 31 stem from an investigation launched in the wake of a fatal 2010 explosion in San Bruno caused by a pipeline rupture, which killed eight people and destroyed an entire neighborhood. The utility is fighting the charges in court and has reportedly invested $2.7 billion in shareholder dollars toward safety improvements since.

But according to the results of a regulatory audit on PG&E’s assessment of its own pipeline records that was undertaken to set things straight after the tragic explosion, crucial pipeline information is still missing or flawed, as the San Francisco Chronicle recently reported.

“Given the San Bruno disaster and the recent media revelations about PG&E’s pipes, we are wondering what information you have gathered on this subject,” Felsenfeld wrote in a letter to one of the housing developers, Fabien Lannoye. “Where exactly is Pipeline No. 109? How deeply is No. 109 buried? What is Pipeline No. 109 composed of? How big in diameter is Pipeline 109? How/with what are the pipe seams welded?”

He sent the same set of questions to PG&E. So far, Felsenfeld hasn’t received any answers. PG&E has also been stonewalling the developer’s information requests.

Lannoye, who is building one of the two new houses, described the project as a two-story, single-family home where he hopes to live with his wife and two children. He said he understands the neighbors’ concerns about safety, but also believes they are organizing in an effort to prevent him from moving forward.

When it comes to his communications with the utility company, however, Lannoye is a bit more baffled. “It’s kind of a little bizarre that we’re not getting clear information,” he said. “I’ve contacted like 15 different people from PG&E, and every time, they send me to someone else. Either they don’t want to give me the information, or they don’t know what it is.”

PG&E did not respond to the Bay Guardian‘s request for comment.

In general, the only parties who seem to be directly involved when there is construction near natural gas pipelines are the utility company and the project developer. An association called the Common Ground Alliance maintains the 811 phone line — a service known as Call Before You Dig — to ensure the location of underground lines are marked prior to any excavation.

When the Guardian phoned San Francisco’s Department of Public Works to ask if the agency has a pipeline risk assessment procedure in place when new construction is planned, we were told that such a thing might fall under the scope of the Department of Building Inspection.

But in a voicemail, DBI spokesperson Bill Strawn responded that such a thing might be up to the Department of Public Works, adding, “There’s no restriction about somebody building a project or a house somewhere in the vicinity of a natural gas pipeline.”

All of which means it falls to PG&E to ensure that high-pressure underground lines are safe, with no chance of rupture when new foundations are being installed close by. But PG&E doesn’t always know what it’s got. According to charges in the federal indictment, the utility created a GIS database in the late 1990s based on pipeline survey sheets that contained erroneous or incomplete information. PG&E then relied on that database to make integrity management decisions.

The indictment noted that prior to the San Bruno disaster, PG&E had been intentionally elevating pressure levels on Line 132, the one that ruptured, as well as Line 109, to maintain peak pressure levels in accordance with federal regulations. But experts have noted that this spiking practice could erode the integrity of a line if there are vulnerable welds.

“Our plan,” Lannoye explained, “is not to dig where the gas line is.” Line 109 would run beneath a sidewalk, he added.

Marilyn Waterman, another neighbor, outlined the situation in an email to University of California Berkeley professor Robert Bea, a nationally renowned civil engineer. She asked Bea if concern is warranted.

“Given the background you provided in your email, yes — you should be concerned,” he responded. It’s an old line, Bea pointed out, in an area with highly variable topography, with no available records detailing its operation and maintenance.

“This list is identical to the list of concerns that summarized causation of the San Bruno Line 132 gas pipeline disaster,” Bea wrote. “The fundamental ‘challenge’ associated with your concern is tied to the word ‘safe.'”

His rule of thumb? “If the potential consequences associated with a failure are low, then the likelihood of the failure can be high. If the potential consequences are very high, then the probability of failure must be very low.”

Tobener Law Center

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San Francisco attorney Joseph Tobener has been doing tenants rights work in San Francisco for more than a decade, starting his own practice in 2002, where he currently employs three other attorneys and two paralegals. Another pair of attorneys who used to work there recently spun off their own practice.

In the last year of so that Tobener came onto our radar with the work he’s done fighting evictions and displacement, including representing an organization leading those fights, San Francisco Tenants Union, and paying attorney to do one day a week of volunteer work for SFTA, the San Francisco Housing Rights Committee, and other organizations. 

“We’re busier than we’ve ever been. We get about 60 calls a week and we always give free consultations,” Tobener told us.

Among those calls have been tenants displaced so landlords can use Airbnb to rent rooms to tourists and get around local rent control laws and other tenants protections, an increasingly high-profile issue that Tobener has helped elevate through stories in the San Francisco Chronicle and Bay Guardian (see “Residents vs. tourists,” Feb. 4).

“I feel like we’ve made some progress in getting people aware of this issue,” he told us.

Under contract with SFTU, Tobener has gone on to sue seven more landlords who have evicted longtime tenants in favor of short-term tourist rentals that are illegal under city law, and he says that he’s preparing to file many more such cases (see “Lawsuits target Airbnb rentals,” April 29).

After also scoring a big recent victory by getting the city to finally fix elevators in public housing projects, Tobener has made a thriving small business out of defending the longtime residents from displacement.

21 Masonic Ave, SF

(415) 504-2165

Tobenerlaw.com

Guardian Small Business Awards 2014

1

San Francisco’s small businesses are being threatened by the forces of gentrification and displacement like never before — at the same moment that they are more important than ever. This is the troubling paradox at the center of this year’s San Francisco Small Business Week.

Economists warn the city needs to diversify an economy that has become too concentrated in the vulnerable technology, finance, and land development sectors. Small businesses epitomize diversity. They are the backbone of the local economy, circulating far more of their revenues here than any corporate chain, while distinguishing San Francisco’s commercial corridors from their sterile counterparts in other cities.

The San Francisco Chamber of Commerce and fiscally conservative politicians love to trot out the plight of small businesses to elicit public sympathy or attack progressive regulations benefitting workers or the environment, but it is the self-interested pursuits of wealthy corporations and investors that really poison the pond in which small businesses flourish.

Just consider the headlines in San Francisco’s daily newspapers. On May 8, the San Francisco Chronicle had a story about Flax, an awesome art supply store that’s been in business for 37 years, being displaced from its iconic store at Market and Valencia streets by a 160-unit condo project. The story described the waves of new condo projects hitting the Upper Market area that are displacing small business such as Home Restaurant and the Arthur J. Sullivan Funeral Home. “They are just rolling over us — it’s unstoppable,” Judy Hoyem of the Castro/Eureka Valley Neighborhood Association told the Chronicle.

The cover story of the next day’s San Francisco Examiner was about the eviction of Marcus Books, the country’s oldest African American bookstore. Inside that issue, Mayor Ed Lee wrote a guest editorial ironically entitled “Small businesses shaping our city’s future.”

It was a happy-talk celebration of the same small business community that his economic development policies — with big Wall Street corporations worth billions of dollars driving up rents on small business and getting local tax breaks in the process — have been threatening.

“San Francisco’s commitment to small businesses and local manufacturing continues to gain momentum,” Lee wrote. Yes it does, like a tidal wave of corporate cash sweeping through the city. So during this year’s annual Guardian Small Business Awards, we’re saluting the survivors, those small business people who are riding out the storm through their tenacity, creativity, and refusal to let the forces of gentrification drive them out.

The current business cycle will pass, along with its upward pressure on commercial rents and unfair competition from chain stores. But until it does, please continue to support these and other homegrown small businesses, the soul of San Francisco commerce.

Guardian Small Business Awards 2014

Asmbly Hall

GameShop Classic

HeartZilla

Le Video

LGBT Center

Panchita’s Papuseria

Thee Parkside

Tobener Law Center

Trouble Coffee

Bimbo’s 365 Club

Lawsuit claims SROs owned by city contractors are unsafe, moldy, rodent-infested

It’s often rumored that housing conditions in certain single-room occupancy hotels, or SROs, throughout San Francisco are atrocious. And when it comes to SROs under ownership of one family in particular, a lawsuit filed today by City Attorney Dennis Herrera now alleges not only that conditions are unhealthy and inhospitable – they’re also illegal.

Hotel owners, managers and operators Balvantsinh “Bill” Thakor, his wife Lataben B. Thakor, and their sons Kiransinh and Bahavasinh Thakor are all named in Herrera’s suit, which alleges that the business owners are renting uninhabitable residential rooms to vulnerable occupants, depriving SRO occupants of tenancy rights, maintaining public nuisances, doing construction work without required permits or contractors’ licenses, and making false claims for payment from the city.

The SRO owners hold contracts with the city. Herrera’s complaint alleges that taxpayer dollars are flowing into the hands of landlords who have allowed their properties to remain moldy, rodent-infested, and unsafe to occupants who are too poor to seek out other options.

We left a message for Balvantsihn “Bill” Thakor and will update this post if we receive a response.

Under the city contracts, homeless people who are pulled off the street by the Department of Public Health’s Homeless Outreach Team are temporarily placed in stabilization beds in SROs under the Thakor’s ownership. DPH rents out blocks of rooms to provide this temporary transitional housing, while low-income residents may live permanently in other units in the same buildings under their own private arrangements.

“San Francisco’s response to our affordable housing crisis must include aggressively protecting our most vulnerable residents — and that’s exactly what this case is about,” said Herrera. “The Thakor family has exploited low‐income residents by denying them tenancy rights. They’ve defiantly thumbed their noses at city inspectors over pervasive code violations, which endanger residents and neighbors alike. And they’ve billed taxpayers for providing clients of city programs with ‘clean, safe, habitable’ housing, when it was anything but clean, safe, or habitable.”

A litany of charges in Herrera’s complaint gives an idea of what conditions in some of these properties are like: “[Health and safety code violations include] rampant cockroach and bedbug infestations, failure to provide adequate fire protection and safety, failure to provide adequate security, failure to provide plumbing adequate to avoid repeated sewage leaks, failure to provide safe and functional wiring, failure to provide residential rooms and bathrooms free of mold and mildew, and failure to provide adequate heat.”

City Attorney spokesperson Matt Dorsey noted that there had been a host of health and building code violations issued against the hotel operators, but that fines and notices of violation still had not resulted in necessary repairs. With all administrative avenues exhausted, the city is now moving forward with a lawsuit.

“With litigation,” Dorsey said, “we have the ability to bring a level of fear that the administrative process cannot.”

Meanwhile, a quick search for court records revealed that this isn’t the first time Balvantsinh “Bill” Thakor has been named in a lawsuit brought by the City Attorney against SRO hotel owners.

In 2002, records show, then-City Attorney Louise Renne named him along with a host of other defendants in a suit relating to the ownership and operation of the Warfield Hotel, a 63-unit Tenderloin SRO where defendants had allegedly “failed to correct life-safety hazards … thereby forcing residents to live in substandard conditions in violation of applicable state and local housing laws.” According to this 2003 editorial in the San Francisco Chronicle, that particular SRO later went “from horrible to habitable.”

But even back then, Thakor was described in the Chronicle as “not known for his quick response to code violations.” All of which begs the question: With such a terrible track record, how do these hotel owners manage to land city contracts?

New coalition opposes Chiu’s Airbnb legislation UPDATED

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

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

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

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

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

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

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

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

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

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

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

For Immediate Release: 
Monday, April 28, 2014

NEWS RELEASE

SAN FRANCISCO CITYWIDE COALITION SAYS NO 
TO PROPOSED CHIU LEGISLATION

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

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

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

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

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

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

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

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

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

SFBG Wrap, April 16-23

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BART FINED FOR WORKERS’ DEATHS

The California Occupational Safety and Health Administration has fined Bay Area Rapid Transit for three “willful/serious” safety violations in connection with the death of two transit workers last October, saying BART is at fault due to a lack of safety measures.

“Safety standards are designed to save lives,” acting Cal/OSHA chief Juliann Sum said in a statement, “and they were not followed.”

The transit workers were killed in the final days of the BART strike. The accident claimed the lives of Christopher Sheppard, a BART manager and member of the AFSCME union, and Larry Daniels, a contractor, who had been inspecting a “dip in the rail” before they were hit by an oncoming train.

The workers were required to go through what’s called a Simple Approval process to get permission to work on the track, but the OSHA citation seized on that process as a dangerous underlying factor in the fatal accident.

“Employer’s control method, namely the ‘Simple Approval’ procedure, does not safeguard personnel working on tracks during railcar movement,” the citation reads. “The employer allowed workers to conduct work on the railway tracks where trains were traveling. The employees had no warning that a train moving at more than 65 miles-per-hour was … approaching the location where they were working.”

BART General Manager Grace Crunican quickly issued a statement. “Passenger and employee safety is our top priority at BART,” Crunican said. “BART has fundamentally upgraded its safety procedures with the implementation of an enhanced wayside safety program and a proposed budget investment of over $5 million.” She added that Cal/OSHA considered the safety violations to be “abated” in light of these changes, “meaning that none … pose continuing safety hazards.”

Simple Approval has since been terminated, BART spokesperson Alicia Trost told the Guardian. “BART permanently eliminated Simple Approval immediately following the tragic deaths,” she said. “We are also implementing the extra layers of protection for track workers.”

Notably, the two workers were killed during BART management’s attempt to train managers to operate trains during the strike, according to the National Transportation Safety Board, which continues to investigate the incident. (Joe Fitzgerald Rodriguez)

SORRY STATE OF PUBLIC HOUSING

Sup. London Breed has proposed setting aside city funding to renovate vacant and dilapidated public housing units, in an effort to quickly make housing available for homeless families in the face of a dire shortage.

At the April 15 Board of Supervisor’s meeting, Breed cited an anticipated budget surplus and called for the Controller and City Attorney to begin drafting a supplemental budgetary appropriation of $2.6 million, for renovating 172 San Francisco Housing Authority units sitting vacant.

“There are over 40 public housing developments in San Francisco, and given the decades of mismanagement and financial neglect that public housing has endured, many units are currently not available for San Franciscans to live in,” Breed said. “As we grapple with an unprecedented affordability crisis and an acute shortage of housing, particularly affordable housing, these fallow public housing units represent one of our best and cheapest opportunities to make housing available now.” Breed, who represents District 5, previously lived in San Francisco public housing.

The Housing Authority receives its funding through the federal government, but spokesperson Rose Marie Dennis said those federal dollars don’t stretch far enough for the agency to perform routine restoration of vacant units. “We have to work with the resources that we have,” she said.

According to an analysis by Budget & Legislative Analyst Harvey Rose, the city has lost $6.3 million in rent that could have been collected had its empty public housing units been occupied.

The day after Breed floated her proposal for a budgetary supplemental, tragedy struck at Sunnydale, the Housing Authority’s largest housing development, when a deadly fire claimed the lives of a 32-year-old resident and her 3-year-old son. The cause of the fire is under investigation, but a San Francisco Chronicle report noted that the Housing Authority had planned to rebuild Sunnydale for years due to its poor condition.

The following day, April 17, Mayor Ed Lee announced that emergency funding of $5.4 million had been identified through the Mayor’s Office of Housing and Community Development, to address serious deferred maintenance needs — such as busted elevators in apartment complexes where disabled seniors rely on wheelchairs and canes to get around. (Rebecca Bowe)

SUPES OUTFOX LANDLORDS

When the San Francisco Board of Supervisors gave final approval April 15 for legislation to substantially increase landlord payments to tenants in the case of Ellis Act evictions, it reflected a key change designed to counter a recent eviction push by landlords.

Winning approval on a 9-2 vote, with Sups. Mark Farrell and Katy Tang opposed, the legislation 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 equivalent of two years’ rent for a comparable unit. That translates to 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 rented at $909 per month would be entitled to $44,833 in relocation payment.

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 when sponsoring Sup. David Campos heard landlords were rushing to evict tenants prior to the fee increase, he checked in with the City Attorney’s Office and other departments to see whether they could be ready sooner. After getting the green light, Campos amended the measure 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 was initially given 10 days to decide. Since a veto-proof majority approved the legislation, the mayor’s decision is to either grant approval or stall the inevitable, triggering more evictions at lower levels of relocation assistance. (Steven T. Jones)

POLICE TAPES BROUGHT TO LIGHT

Police radio dispatch records from March 21, the night 28-year-old Alejandro Nieto was gunned down in Bernal Heights Park by San Francisco Police Department officers, had been impossible to obtain despite requests from journalists, attorneys, and community members who had ties to Nieto.

Then, incredibly — thanks to a combination of tenacious reporting and the website Broadcastify.com — the radio dispatch audio popped up in a news report on KQED’s website.

Originally captured in real-time by a website works like an automatic police scanner and preserves all files, the recordings offer a rare, behind-the-scenes glimpse of what occurred in the moments leading up to the highly controversial officer-involved shooting.

The SFPD’s account of the incident is that officers opened fire in defense of their own lives because Nieto pointed a Taser at them, causing them to believe he was tracking them with a firearm.

But the audio files that have now surfaced reflect no mention of a suspect brandishing a weapon.

The first mention of a “221” — police code for person with a gun — is to relate a 911 caller’s description of a Latino male suspect, who has “got a gun on his hip, and is pacing back and forth on the north side of the park near a chain-linked fence.” Just before the shooting, a voice can be heard saying over the radio, “There’s a guy in a red shirt, way up the hill, walking toward you guys.” Several seconds later, another voice calmly states, “I got a guy right here.”

Twenty-six seconds after that, a person can be heard shouting, “Shots fired! Shots fired!”

“What’s very telling is that none of the people are saying, the guy had a gun, he pointed it at us,” said attorney Adante Pointer of the law office of John Burris, which is preparing to file a complaint on behalf of Nieto’s family against the SFPD. “It begs the question, did [Nieto] do what they said he did?”

“If this was a righteous shooting,” Pointer added, “then [SFPD] … shouldn’t have any fear of public scrutiny.”

Friends and supporters of Nieto have led marches to protest the shooting and set up a website for ongoing events, justice4alexnieto.org. (Rebecca Bowe)

 

Save the world, work less

56

steve@sfbg.com

Save the world, work less. That dual proposition should have universal appeal in any sane society. And those two ideas are inextricably linked by the realities of global climate change because there is a direct connection between economic activity and greenhouse gas emissions.

Simply put, every hour of work we do cooks the planet and its sensitive ecosystems a little bit more, and going home to relax and enjoy some leisure time is like taking this boiling pot of water off the burner.

Most of us burn energy getting to and from work, stocking and powering our offices, and performing the myriad tasks that translate into digits on our paychecks. The challenge of working less is a societal one, not an individual mandate: How can we allow people to work less and still meet their basic needs?

This goal of slowing down and spending less time at work — as radical as it may sound — was at the center of mainstream American political discourse for much of our history, considered by thinkers of all ideological stripes to be the natural endpoint of technological development. It was mostly forgotten here in the 1940s, strangely so, even as worker productivity increased dramatically.

But it’s worth remembering now that we understand the environmental consequences of our growth-based economic system. Our current approach isn’t good for the health of the planet and its creatures, and it’s not good for the happiness and productivity of overworked Americans, so perhaps it’s time to revisit this once-popular idea.

Last year, there was a brief burst of national media coverage around this “save the world, work less” idea, triggered by a report by the Washington DC-based Center for Economic and Policy Research, entitled “Reduced Work Hours as a Means of Slowing Climate Change.”

“As productivity grows in high-income, as well as developing countries, social choices will be made as to how much of the productivity gains will be taken in the form of higher consumption levels versus fewer work hours,” author David Rosnick wrote in the introduction.

He notes that per capita work hours were reduced by 50 percent in recent decades in Europe compared to US workers who spend as much time as ever on the job, despite being a world leader in developing technologies that make us more productive. Working more means consuming more, on and off the job.

“This choice between fewer work hours versus increased consumption has significant implications for the rate of climate change,” the report said before going on to study various climate change and economic growth models.

It isn’t just global warming that working less will help address, but a whole range of related environmental problems: loss of biodiversity and natural habitat; rapid depletion of important natural resources, from fossil fuel to fresh water; and the pollution of our environment with harmful chemicals and obsolete gadgets.

Every day that the global workforce is on the job, those problems all get worse, mitigated only slightly by the handful of occupations devoted to cleaning up those messes. The Rosnick report contemplates only a slight reduction in working hours, gradually shaving a few hours off the week and offering a little more vacation time.

“The paper estimates the impact on climate change of reducing work hours over the rest of the century by an annual average of 0.5 percent. It finds that such a change in work hours would eliminate about one-quarter to one-half of the global warming that is not already locked in (i.e. warming that would be caused by 1990 levels of greenhouse gas concentrations already in the atmosphere),” the report concludes.

What I’m talking about is something more radical, a change that meets the daunting and unaddressed challenge that climate change is presenting. Let’s start the discussion in the range of a full day off to cutting our work hours in half — and eliminating half of the wasteful, exploitive, demeaning, make-work jobs that this economy-on-steroids is creating for us, and forcing us to take if we want to meet our basic needs.

Taking even a day back for ourselves and our environment will seem like crazy-talk to many readers, even though our bosses would still command more days each week than we would. But the idea that our machines and other innovations would lead us to work far less than we do now — and that this would be a natural and widely accepted and expected part of economic evolution — has a long and esteemed philosophical history.

Perhaps this forgotten goal is one worth remembering at this critical moment in our economic and environmental development.

 

HISTORY LESSON

Author and historian Chris Carlsson has been beating the “work less” drum in San Francisco since Jimmy Carter was president, when he and his fellow anti-capitalist activists decried the dawning of an age of aggressive business deregulation that continues to this day.

They responded with creative political theater and protests on the streets of the Financial District, and with the founding of a magazine called Processed World, highlighting how new information technologies were making corporations more powerful than ever without improving the lives of workers.

“What do we actually do all day and why? That’s the most basic question that you’d think we’d be talking about all the time,” Carlsson told us. “We live in an incredibly powerful and overarching propaganda society that tells you to get your joy from work.”

But Carlsson isn’t buying it, noting that huge swaths of the economy are based on exploiting people or the planet, or just creating unproductive economic churn that wastes energy for its own sake. After all, the Gross Domestic Product measures everything, the good, the bad, and the ugly.

“The logic of growth that underlies this society is fundamentally flawed,” Carlsson said. “It’s the logic of the cancer cell — it makes no sense.”

What makes more sense is to be smart about how we’re using our energy, to create an economy that economizes instead of just consuming everything in its path. He said that we should ask, “What work do we need to do and to what end?”

We used to ask such questions in this country. There was a time when working less was the goal of our technological development.

“Throughout the 19th century, and well into the 20th, the reduction of worktime was one of the nation’s most pressing issues,” professor Juliet B. Schor wrote in her seminal 1991 book The Overworked American: The Unexpected Decline of Leisure. “Through the Depression, hours remained a major social preoccupation. Today these debates and conflicts are long forgotten.”

Work hours were steadily reduced as these debates raged, and it was widely assumed that even greater reductions in work hours was all but inevitable. “By today, it was estimated that we could have either a 22-hour week, a six-month workyear, or a standard retirement age of 38,” Schor wrote, citing a 1958 study and testimony to Congress in 1967.

But that didn’t happen. Instead, declining work hours leveled off in the late 1940s even as worker productivity grew rapidly, increasing an average of 3 percent per year 1948-1968. Then, in the 1970s, workers in the US began to work steadily more hours each week while their European counterparts moved in the opposite direction.

“People tend to think the way things are is the way it’s always been,” Carlsson said. “Once upon a time, they thought technology would produce more leisure time, but that didn’t happen.”

Writer David Spencer took on the topic in a widely shared essay published in The Guardian UK in February entitled “Why work more? We should be working less for a better quality of life: Our society tolerates long working hours for some and zero hours for others. This doesn’t make sense.”

He cites practical benefits of working less, from reducing unemployment to increasing the productivity and happiness of workers, and cites a long and varied philosophical history supporting this forgotten goal, including opposing economists John Maynard Keynes and Karl Marx.

Keynes called less work the “ultimate solution” to unemployment and he “also saw merit in using productivity gains to reduce work time and famously looked forward to a time (around 2030) when people would be required to work 15 hours a week. Working less was part of Keynes’s vision of a ‘good society,'” Spencer wrote.

“Marx importantly thought that under communism work in the ‘realm of necessity’ could be fulfilling as it would elicit and harness the creativity of workers. Whatever irksome work remained in realm of necessity could be lessened by the harnessing of technology,” Spencer wrote.

He also cited Bertrand Russell’s acclaimed 1932 essay, “In Praise of Idleness,” in which the famed mathematician reasoned that working a four-hour day would cure many societal ills. “I think that there is far too much work done in the world, that immense harm is caused by the belief that work is virtuous, and that what needs to be preached in modern industrial countries is quite different from what always has been preached,” Russell wrote.

Spencer concluded his article by writing, “Ultimately, the reduction in working time is about creating more opportunities for people to realize their potential in all manner of activities including within the work sphere. Working less, in short, is about allowing us to live more.”

 

JOBS VS. WORK

Schor’s research has shown how long working hours — and the uneven distribution of those hours among workers — has hampered our economy, hurt our environment, and undermined human happiness.

“We have an increasingly poorly functioning economy and a catastrophic environmental situation,” Schor told us in a phone interview from her office at Boston College, explaining how the increasingly dire climate change scenarios add urgency to talking about how we’re working.

Schor has studied the problem with other researchers, with some of her work forming the basis for Rosnick’s work, including the 2012 paper Schor authored with University of Alabama Professor Kyle Knight entitled “Could working less reduce pressures on the environment?” The short answer is yes.

“As humanity’s overshoot of environmental limits become increasingly manifest and its consequences become clearer, more attention is being paid to the idea of supplanting the pervasive growth paradigm of contemporary societies,” the report says.

The United States seems to be a case study for what’s wrong.

“There’s quite a bit of evidence that countries with high annual work hours have much higher carbon emissions and carbon footprints,” Schor told us, noting that the latter category also takes into account the impacts of the products and services we use. And it isn’t just the energy we expend at work, but how we live our stressed-out personal lives.

“If households have less time due to hours of work, they do things in a more carbon-intensive way,” Schor said, with her research finding those who work long hours often tend to drive cars by themselves more often (after all, carpooling or public transportation take time and planning) and eat more processed foods.

Other countries have found ways of breaking this vicious cycle. A generation ago, Schor said, the Netherlands began a policy of converting many government jobs to 80 percent hours, giving employees an extra day off each week, and encouraging many private sector employers to do the same. The result was happier employees and a stronger economy.

“The Netherlands had tremendous success with their program and they’ve ended up with the highest labor productivity in Europe, and one of the happiest populations,” Schor told us. “Working hours is a triple dividend policy change.”

By that she means that reducing per capita work hours simultaneously lowers the unemployment rate by making more jobs available, helps address global warming and other environmental challenges, and allows people to lead happier lives, with more time for family, leisure, and activities of their choosing.

Ironically, a big reason why it’s been so difficult for the climate change movement to gain traction is that we’re all spending too much time and energy on making a living to have the bandwidth needed to sustain a serious and sustained political uprising.

When I presented this article’s thesis to Bill McKibben, the author and activist whose 350.org movement is desperately trying to prevent carbon concentrations in the atmosphere from passing critical levels, he said, “If people figure out ways to work less at their jobs, I hope they’ll spend some of their time on our too-often neglected work as citizens. In particular, we need a hell of a lot of people willing to devote some time to breaking the power of the fossil fuel industry.”

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That’s the vicious circle we now find ourselves in. There is so much work to do in addressing huge challenges such as global warming and transitioning to more sustainable economic and energy systems, but we’re working harder than ever just to meet our basic needs — usually in ways that exacerbate these challenges.

“I don’t have time for a job, I have too much work to do,” is the dilemma facing Carlsson and others who seek to devote themselves to making the world a better place for all living things.

To get our heads around the problem, we need to overcome the mistaken belief that all jobs and economic activity are good, a core tenet of Mayor Ed Lee’s economic development policies and his relentless “jobs agenda” boosterism and business tax cuts. Not only has the approach triggered the gentrification and displacement that have roiled the city’s political landscape in the last year, but it relies on a faulty and overly simplistic assumption: All jobs are good for society, regardless of their pay or impact on people and the planet.

Lee’s mantra is just the latest riff on the fabled Protestant work ethic, which US conservatives and neoliberals since the Reagan Era have used to dismantle the US welfare system, pushing the idea that it’s better for a single mother to flip our hamburgers or scrub our floors than to get the assistance she needs to stay home and take care of her own home and children.

“There is a belief that work is the best form of welfare and that those who are able to work ought to work. This particular focus on work has come at the expense of another, far more radical policy goal, that of creating ‘less work,'” Spencer wrote in his Guardian essay. “Yet…the pursuit of less work could provide a better standard of life, including a better quality of work life.”

And it may also help save us from environmental catastrophe.

 

GLOBAL TIPPING POINT

The Intergovernmental Panel on Climate Change, the top research body on the issue recognized by the United Nations, recently released its fifth report summarizing and analyzing the science and policies around climate change, striking a more urgent tone than in previous reports.

On April 13 at a climate conference in Berlin, the panel released a new report noting that greenhouse gas emissions are rising faster than ever and urgent action is needed in the next decade to avert a serious crisis.

“We cannot afford to lose another decade,” Ottmar Edenhofer, a German economist and co-chairman of the committee that wrote the report, told The New York Times. “If we lose another decade, it becomes extremely costly to achieve climate stabilization.”

After the panel released an earlier section of the report on March 31, it wrote in a public statement: “The report concludes that responding to climate change involves making choices about risks in a changing world. The nature of the risks of climate change is increasingly clear, though climate change will also continue to produce surprises.”

The known impacts will be displaced populations in poor countries inundated by rising seas, significant changes to life-supporting ecosystems (such as less precipitation in California and other regions, creating possible fresh water shortages), food shortages from loss of agricultural land, and more extreme weather events.

What we don’t yet know, these “surprises,” could be even scarier because this is such uncharted territory. Never before have human activities had such an impact on the natural world and its delicate balances, such as in how energy circulates through the world’s oceans and what it means to disrupt half of the planet’s surface area.

Researchers have warned that we could be approaching a “global tipping point,” in which the impact of climate change affects other systems in the natural world and threatens to spiral out of control toward another mass extinction. And a new report funded partially by the National Science Foundation and NASA’s Goodard Space Center combines the environmental data with growing inequities in the distribution of wealth to warn that modern society as we know it could collapse.

“The fall of the Roman Empire, and the equally (if not more) advanced Han, Mauryan, and Gupta Empires, as well as so many advanced Mesopotamian Empires, are all testimony to the fact that advanced, sophisticated, complex, and creative civilizations can be both fragile and impermanent,” the report warned.

It cites two critical features that have triggered most major societal collapses in past, both of which are increasingly pervasive problems today: “the stretching of resources due to the strain placed on the ecological carrying capacity”; and “the economic stratification of society into Elites [rich] and Masses (or ‘Commoners’),” which makes it more difficult to deal with problems that arise.

Both of these problems would be addressed by doing less overall work, and distributing the work and the rewards for that work more evenly.

 

SYSTEMIC PROBLEM

Carol Zabin — research director for the Center for Labor Research and Education at UC Berkeley, who has studied the relation between jobs and climate change — has some doubts about the strategy of addressing global warming by reducing economic output and working less.

“Economic activity which uses energy is not immediately correlated with work hours,” she told us, noting that some labor-saving industrial processes use more energy than human-powered alternatives. And she also said that, “some leisure activities could be consumptive activities that are just as bad or worse than work.”

She does concede that there is a direct connection between energy use and climate change, and that most economic activity uses energy. Zabin also said there was a clear and measurable reduction in greenhouse gas emissions during the Great Recession that began with the 2008 economic crash, when economic growth stalled and unemployment was high.

“When we’re in recessions and output and consumption slow, we see a reduction in impact on the climate,” Zabin said, although she added, “They’re correlated, but they’re not causal.”

Other studies have made direct connections between work and energy use, at least when averaged out across the population, studies that Rosnick cited in his study. “Recent work estimated that a 1 percent increase in annual hours per employee is associated with a 1.5 percent increase in carbon footprint,” it said, citing the 2012 Knight study.

Zabin’s main stumbling block was a political one, rooted in the assumption that American-style capitalism, based on conspicuous consumption, would continue more or less as is. “Politically, reducing economic growth is really, really unviable,” she told us, noting how that would hurt the working class.

But again, doesn’t that just assume that the pain of an economic slowdown couldn’t be more broadly shared, with the rich absorbing more of the impact than they have so far? Can’t we move to an economic system that is more sustainable and more equitable?

“It seems a little utopian when we have a problem we need to address by reducing energy use,” Zabin said before finally taking that next logical step: “If we had socialism and central planning, we could shut the whole thing down a notch.”

Instead, we have capitalism, and she said, “we have a climate problem that is probably not going to be solved anyway.”

So we have capitalism and unchecked global warming, or we can have a more sustainable system and socialism. Hmm, which one should we pick? European leaders have already started opting for the latter option, slowing down their economic output, reducing work hours, and substantially lowering the continent’s carbon footprint.

That brings us back to the basic question set forth in the Rosnick study: As productivity increases, should those gains go to increase the wages of workers or to reduce their hours? From the perspective of global warming, the answer is clearly the latter. But that question is complicated in US these days by the bosses, investors, and corporations keeping the productivity gains for themselves.

“It is worth noting that the pursuit of reduced work hours as a policy alternative would be much more difficult in an economy where inequality is high and/or growing. In the United States, for example, just under two-thirds of all income gains from 1973-2007 went to the top 1 percent of households. In that type of economy, the majority of workers would have to take an absolute reduction in their living standards in order to work less. The analysis of this paper assumes that the gains from productivity growth will be more broadly shared in the future, as they have been in the past,” the study concludes.

So it appears we have some work to do, and that starts with making a connection between Earth Day and May Day.

 

EARTH DAY TO MAY DAY

The Global Climate Convergence (www.globalclimateconvergence.org) grew out of a Jan. 18 conference in Chicago that brought together a variety of progressive, environmental, and social justice groups to work together on combating climate change. They’re planning “10 days to change course,” a burst of political organizing and activism between Earth Day and May Day, highlighting the connection between empowering workers and saving the planet.

“It provides coordinated action and collaboration across fronts of struggle and national borders to harness the transformative power we already possess as a thousand separate movements. These grassroots justice movements are sweeping the globe, rising up against the global assault on our shared economy, ecology, peace and democracy. The accelerating climate disaster, which threatens to unravel civilization as soon as 2050, intensifies all of these struggles and creates new urgency for collaboration and unified action. Earth Day to May Day 2014 (April 22 — May 1) will be the first in a series of expanding annual actions,” the group announced.

San Mateo resident Ragina Johnson, who is coordinating events in the Bay Area, told us May Day, the international workers’ rights holiday, grew out of the struggle for the eight-hour workday in the United States, so it’s appropriate to use the occasion to call for society to slow down and balance the demands of capital with the needs of the people and the planet.

“What we’re seeing now is an enormous opportunity to link up these movements,” she told us. “It has really put us on the forefront of building a new progressive left in this country that takes on these issues.”

In San Francisco, she said the tech industry is a ripe target for activism.

“Technology has many employees working 60 hours a week, and what is the technology going to? It’s going to bottom line profits instead of reducing people’s work hours,” she said.

That’s something the researchers have found as well.

“Right now, the problem is workers aren’t getting any of those productivity gains, it’s all going to capital,” Schor told us. “People don’t see the connection between the maldistribution of hours and high unemployment.”

She said the solution should involve “policies that make it easier to work shorter hours and still meet people’s basic needs, and health insurance reform is one of those.”

Yet even the suggestion that reducing work hours might be a worthy societal goal makes the head of conservatives explode. When the San Francisco Chronicle published an article about how “working a bit less” could help many people qualify for healthcare subsidies under the Affordable Care Act (“Lower 2014 income can net huge health care subsidy,” 10/12/13), the right-wing blogosphere went nuts decrying what one site called the “toxic essence of the welfare state.”

Chronicle columnist Debra Saunders parroted the criticism in her Feb. 7 column. “The CBO had determined that ‘workers will choose to supply less labor — given the new taxes and other incentives they will face and the financial benefits some will receive.’ To many Democrats, apparently, that’s all good,” she wrote of Congressional Budget Office predictions that Obamacare could help reduce hours worked.

Not too many Democratic politicians have embraced the idea of working less, but maybe they should if we’re really going to attack climate change and other environmental challenges. Capitalism has given us great abundance, more than we need and more than we can safely sustain, so let’s talk about slowing things down.

“There’s a huge amount of work going on in society that nobody wants to do and nobody should do,” Carlsson said, imagining a world where economic desperation didn’t dictate the work we do. “Most of us would be free to do what we want to do, and most of us would do useful things.”

And what about those who would choose idleness and sloth? So what? At this point, Mother Earth would happily trade her legions of crazed workaholics for a healthy population of slackers, those content to work and consume less.

Maybe someday we’ll even look back and wonder why we ever considered greed and overwork to be virtues, rather than valuing a more healthy balance between our jobs and our personal lives, our bosses and our families, ourselves and the natural world that sustains us.

Accreditors ask City College to voluntarily terminate its own accreditation

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Should City College commit educational seppuku?

That seems to be the idea the accrediting commission vying to close City College of San Francisco floated in a San Francisco Chronicle editorial Sunday, outlining a “new way out.”

To save itself, they wrote, the college must terminate its own accreditation and apply for “candidacy” status, essentially applying to be accredited as if it were a brand-new school.

Candidacy would allow City College a fresh start,” wrote Accrediting Commission for Community and Junior Colleges Chair Sherill Amador, and Steven Kinsella, the co-chair. “It would have two to four years to complete its recovery and to ensure that it meets all accreditation standards.”

The recommendation is the latest twist in a long saga over the fate of City College of San Francisco.

Last July, the ACCJC told City College its degree accreditation would be revoked in a year, which would force the college to close. When the news first hit City College saw its enrollment drop by the thousands. The school served as many as 100,000 students at its highest enrollment, but now has a student body of 77,000. The college’s chancellor, Arthur Q. Tyler, noted the enrollment drop in a public letter.

Tyler strongly rebuffed the ACCJC’s Chronicle editorial.

“As you may have heard it has been suggested by some that City College apply for ‘candidacy status’ as a mechanism for addressing our current accreditation process,” Tyler wrote in a letter to the college community. “Let me be clear: we are not considering withdrawing our accreditation. To do so would severely harm our current and future students as well as undermine our current enrollment efforts.”

The editorial from the ACCJC may signal that the accrediting commission intends to deny any appeals made by City College, higher-ed experts told the Guardian. City College’s faculty union AFT 2121 President Alisa Messer agreed.

“The ACCJC — or at any rate, two of its leaders — have announced through this editorial that they have already decided to reject the college’s appeal and move forward with disaccreditation,” she told the Guardian. “Our concern all along has been that nothing CCSF could do would satisfy this commission. Unfortunately, this latest action appears to confirm that.” 

Notably, despite all indicators to the contrary, the ACCJC editorial wrote “Internal discord at City College has prevented sufficient progress.”

But in a Chronicle editorial written by Mayor Ed Lee and the California Community College Chancellor Brice Harris, the pair noted City College’s tremendous progress in changing the school. These are changes the college community hasn’t necessarily agreed with, leading to recent protests against the current administration. Despite this resistance, the pair of officials made an impassioned plea for the ACCJC to give City College more time to enact the less-than-popular changes.

“The commitment to reform and the accomplishments already made show that the college is on the right track,” Lee and Harris wrote. “City College has earned the right to finish the job by setting itself back on course.”

But the editorial penned by the ACCJC seems to rebuff any notion that they’ll give City College more time, unless City College revokes its own accreditation.

They just gave (Chancellor) Brice Harris, Mayor Ed Lee and all of San Francisco a giant F.U.,” City College Trustee Rafael Mandelman told the Guardian. 

All along, politicians and the college’s current administration towed the ACCJC line — even though the accreditors advocated for City College to disinvest in its neediest students, take away important neighborhood campuses serving disadvantaged communities, and ignored the college community’s wishes. 

On the other side of the imaginary line in the sand, the faculty union and student protesters have advocated against many of the changes proposed by the ACCJC, calling its actions unjust. City Attorney Dennis Herrera’s lawsuit adopted the viewpoint of the the latter group, suing the ACCJC for using its position as accreditor to advocate for the “student success agenda,” which aims to transform community college into degree-mills at the expense of students not specifically seeking degrees.

Stepping on their conservative, misinformed soapbox, the San Francisco Chronicle wrote an editorial lambasting Herrera and the advocates, last August.

“When you have a losing argument, change the subject,” they wrote. “That’s been the approach of certain City College defenders who want the attack an accreditation commission instead of the serious problems it has identified.”

Even the state community college chancellor criticized Herrera’s lawsuit, in an open letter penned just a few months ago. 

“Court intervention is not necessary to keep City College open,” California Community College Chancellor Brice Harris wrote. “Characterizations that the cases before the court are a ‘last-ditch’ effort to ‘save’ City College are inaccurate and will do additional damage to the college’s enrollment.”

But Herrera filed for an injunction, which was granted by the judge, which would stop City College from closing until the legal proceedings have finished. The trial date is now set for October. 

With the ACCJC signaling it has no intention of allowing an appeal, Herrera’s lawsuit, Mandelman said, may be the college’s only hope.

The state chancellor, the mayor, and the Chronicle have all said ‘this is the way the process will work and Dennis Herrera should not have brought the lawsuit,'” he said. Now it seems quite likely that lawsuit will be the only thing that can save City College.”

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.

Airbnb finally agrees to pay its taxes in SF

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Airbnb has apparently finally agreed to pay its taxes in San Francisco. The San Francisco Chronicle is reporting that the company, long called out by Guardian articles and editorials as a tax scofflaw blatantly defying a city ruling, will start collecting and remitting the 15 percent transient occupancy tax by this summer.

Airbnb CEO Brian Chesky announced last week that it would start doing so in New York City, Portland, Ore. and other cities that take part in its vaguely defined Shared City program. That prompted us to send Chesky and other Airbnb executives an email on March 27 asking, “I’m wondering why you’re willing to collect and remit taxes in Portland, but you’ve been unwilling to do so in San Francisco, the city where you’re headquartered and where the city ruled more than two years ago that you should be doing so?”

They never responded to that inquiry, which is part of the company tactic of stonewalling the Guardian on an issue that we were the first to report over a year ago when we discovered the company was simply refusing to pay a tax bill that our reporting found amounted to nearly $2 million annually in late 2012, and probably significantly more now.

The San Francisco Tax Collector’s Office ruled in April 2012 that Airbnb should be paying the TOT on the thousands of local stays that it facilitates, and that the company and its individual hosts were jointly liable for that tax obligation. But because Airbnb’s business model violates local laws against short-term rentals, it was difficult for individual hosts to get the license they needed to collect and pay the tax.

What prompted Airbnb’s sudden change of heart? Were they feeling the pressure? The Chronicle article doesn’t really make that clear, but we’ll let you know what we hear.

SFPD to answer questions on fatal shooting of Alejandro Nieto

San Francisco Police Chief Greg Suhr will be on hand this evening [Tue/25] for a town hall meeting to discuss last week’s officer-involved shooting in Bernal Heights Park. The shooting victim, 28-year-old Alejandro Nieto, was a City College of San Francisco student, a Latino, and Bernal Heights resident who had hoped to become a youth probation officer.

Just before sunset last night [Mon/24], a group of about 150 friends, family members, and community supporters gathered for a vigil at the spot where he was gunned down by multiple police officers.

The community members lit candles, sang, burned incense, and conducted Buddhist chants in honor of his spiritual practice. Those who knew Nieto, whom they called Alex, described him as caring, ambitious, and committed to nonviolence.

“He was such a bright person,” said Ben Bac Sierra, an author and instructor at City College who knew Nieto through shared ties in the neighborhood. Nieto had been helping Bacsierra organize community events and book readings, he said. They’d rolled down Mission Street together in a classic low-rider for a parade, shouting “si se puede!” while onlookers cheered them on.

Torrance Bynum, former dean at City College’s Evans and Southeast Center campus and a former instructor of Administration of Justice, described himself to the Bay Guardian as Nieto’s mentor. “I would give him rides home from class,” he said. Nieto would stop by to visit him, and “if I was in a meeting, he would wait for me.” Bynum said he’d phoned Nieto on his birthday just a few weeks ago, March 4.

On Monday night, major questions still lingered about the events leading up to Nieto’s death.

A statement issued by the SFPD on March 21, about three hours after the shooting, said officers had arrived at the park in response to “911 calls of a male subject with a gun.” Police “encountered a male subject with a weapon,” the statement went on. “The male subject pointed a weapon at the officers, and multiple officers discharged their firearms.” (In an interview with the San Francisco Chronicle, Deputy Police Chief Lyn Tomioka indicated that he “appeared to draw a weapon.”) He was pronounced dead, the statement noted, “and an additional weapon was found.”

In the days following the shooting, however, friends and family members told reporters that Nieto had a stun gun, not a firearm, because he worked as a security guard at a nightclub. They also said Nieto was peacefully eating a burrito just before the shooting occurred.

According to California Bureau of Security and Investigative Services records, Nieto obtained registration to work as a guard/patrolperson in June of 2007, and obtained a permit to carry a baton in September of 2013. Security guards must complete a 40-hour course of required training before registering with the state.

A report in the San Francisco Chronicle suggested that just before the shooting, Nieto was “acting erratically and threatening passersby,” quoting an unnamed witness who said a man had threatened his dog with a “pistol-type stun gun” and yelled profanities. It also referenced a past incident involving Nieto’s alleged use of a stun gun.

A person who declined to be named told the Bay Guardian that about half an hour before the shooting occurred, two men who were walking down the pedestrian pathway on the north slope of Bernal Heights Park alerted a jogger that there was a man ahead wearing a gun on his hip.

They told the jogger that they had called the police. The jogger, who was about 50 feet from the man and started moving away from him after receiving the warning, was too far away to see whether he had a weapon but noticed that he was “pacing back and forth” and “air boxing.”

When the Bay Guardian phoned the SFPD to ask what sort of weapon had been discovered, Sgt. Danielle Newman said she could not release that information.

“He was never arrested in his life,” Bac Sierra said of Nieto during the vigil. “He wanted to be a good person – and he was.”

Bac Sierra later told the Bay Guardian he’d first heard the news Saturday night, and spoke with members of Nieto’s family the following day. The family was not notified of what happened until 3pm the day after the shooting, he said. The report was that Nieto had been shot 14 times.

Sup. John Avalos, who represents the Excelsior District, said he had worked with Nieto in the past and knew him from Coleman Advocates for Children & Youth. “I was making sure that his life was going in a positive direction, and what we saw in Alejandro was that he had a really big heart,” Avalos said at last night’s vigil. “He gave it to a lot of people, and often probably didn’t give it enough to himself.”

He added, “Blood’s been shed, in this case, by people we’re supposed to trust. But … we have a lot of difficulty trusting our police, because from time to time these things happen.”

Avalos also mentioned that when it comes to dealing with subjects who are mentally ill, SFPD has an established protocol. Under a program that began in 2011, specially trained officers with the department’s Crisis Intervention Team are to be dispatched to the scene when calls involve a mentally ill individual.

At tonight’s meeting, Suhr is expected to answer questions from community members. Friends and supporters of Nieto are still in shock from the news.

“I don’t know what it’s going to take, but I think all of us here should call on the Office of Citizen Complaints, and make sure they do an investigation,” Avalos said. “We need to make sure that the officer who – I really hope, despite all the shots that were fired, are having trouble with their consciences right now. Because taking anybody’s life, or hurting anyone in such a way, is unconscionable. This young man, he deserves that from all of us, to make sure the senseless taking of his life was not done in vain, that it leads to something better.”

Avalos said he was also there on behalf of Mission District Sup. David Campos, who was unable to attend because he was in a hearing.

The SFPD town hall is scheduled for 6pm at Leonard Flynn Elementary School, located at 3125 Cesar Chavez Street.

Bac Sierra urged everyone gathered at the vigil to attend the town hall meeting. “Those cops have to feel this,” he said. “This neighborhood has to feel this.”

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

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

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

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

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

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

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

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

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

Uber adjusts insurance policy in wake of fatal collision

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

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

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

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

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

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

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

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

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

Indecisive Democrats let real-estate developers win

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

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

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

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

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

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

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

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

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

 

Local support for national LGBT housing rights

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

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

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

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

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

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

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

Cops on campus

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Historic new protections are now in place for children facing police action in the San Francisco Unified School District.

Reforms include having a parent present when police question a child, tracking police presence in schools, and using a more lenient approach than simply dragging kids off to the police station or juvenile hall. All of these may be strengthened by a new memorandum of understanding (MOU) between the SFUSD and SFPD.

The MOU, passed by the Board of Education at its Feb. 25 meeting, places new restraints on police officers when they come into schools, with specific outlines for when schools should call police, board President Sandra Lee Fewer told the Guardian.

“It’s about changing student behavior, versus punishment,” she said. The agreement dovetails with the district’s new restorative practices initiative aimed to decrease reliance on suspensions to correct behavioral problems (see “Suspending judgment,” 12/3/13).

All sides say the MOU is strong, but one section was weakened shortly before it was voted on. In the final hour before the MOU was brought before the Board of Education, the police revised the language of the agreement.

One important word was changed in a section describing how police are to respond to student crime on school grounds: a “shall” became a “should.” Critics say that change transforms the contract from a legally binding agreement signed in goodwill to a mere suggestion of cooperation from the police.

“To a civilian, those are everyday words. To a police officer, they’re the difference between always and never,” Police Chief Greg Suhr told the Guardian.

At a Jan. 14 Board of Education meeting, members of Coleman Advocates for Children and Youth told the board that this contract was no mere suggestion: It is vital to the safety of children.

Kevine Boggess of Coleman Advocates worked on the agreement for over two years, explaining to the board why “shall” was so important: “We feel like this is something that’s necessary for this document to really stand true, to make sure students are treated with respect and not introduced to the criminal justice system.”

Boggess said cops need stringent rules. But to see why those rules are necessary, we need to revisit a dark day in San Francisco history, when police discretion turned a school brawl into a riot.

 

MELEE PROMPTS REFORMS

To those who remember, that day in 2002 is known as 10/11. Board of Education member Kim-Shree Maufus remembers that day well.

Maufus was sitting at work when her friend, a teacher, emailed her alarming news: Maufus’ daughter was in danger. She was a sophomore at Thurgood Marshall High School, and the entire school was under attack.

Barriers blockaded the streets around Thurgood Marshall and helicopters swarmed the skies. At least 100 armored officers stormed the school, weapons at the ready.

“They were beating them. When my daughter got on the phone, I couldn’t understand her. It wasn’t English. Later, I understood it was a nervous breakdown,” Maufus told the Guardian.

The book Lockdown High recounted the incident in which Maufus’ daughter and dozens of other students, as well as teacher Anthony Peebles, were batoned by police and injured.

The San Francisco Bay View’s article on the incident quoted a student who saw the violence escalate: “‘We were coming out of the office as the fight was going on, and an officer took his gun out at one of the students and told him, ‘Don’t make me use this,’ said Ely Guolio, a student. ‘I was shocked.'”

The police allege they responded to a riot, and although four students and a teacher were arrested, all charges were later dropped, according to a San Francisco Chronicle report from 2003.

In the incident’s wake, Coleman Advocates and other groups called for change. Proposition H was passed by San Francisco voters in 2003, reforming the Police Commission to provide better civilian oversight of the SFPD.

But negotiations around an MOU between the police and the school district stalled for years. The tensions between the two bodies were high.

“Police would come to schools and arrest students, saying the students were re-igniting incidents from Thurgood Marshall,” Maufus told us. “The Thurgood Marshall melee was absolutely the catalyst to get the conversation started on how to structure police on school property.”

In 2005, an MOU was crafted, but many viewed it as ineffectual. Although this new agreement between the SFPD and SFUSD has many strong new rules, one rule was weakened that pertains to the violence of 10/11.

The section in question reads: “Subject to the exception described below, when SFPD officers make a school based arrest they should (emphasis ours) use the graduated response system outlined below.”

The graduated response system sets rules for police officers when they enter a school to make arrests for low-level offenses. It’s a “three strikes” rule: the first offense warrants admonishment or counseling, the second offense asks for the same or a diversionary program, and the third recommends a juvenile be placed in probation or a community counseling program.

“It’s definitely less binding,” Fewer told the Guardian. “But the police chief would not sign it with more binding language.”

Suhr said he doesn’t want his officers restricted in an emergency. “You can’t take all discretion away from a police officer, and expect that officer to assume liability (for the situation),” Suhr said.

Some said the SFPD of today is easier on students than 12 years ago. Juvenile arrests are down, with just over 600 felony juvenile arrests in 2012 compared to 1,100 in 2003, according to SFUSD data.

 

COOPERATIVE APPROACH

Implementing a restorative justice model and new standards for police in the schools isn’t just a matter for the SFPD, but for individual school administrators as well, with Fewer noting that the SFUSD sometimes calls the police for routine disciplinary matters.

The Guardian profiled one such student in “Suspending Judgment,” telling the story of a school official who called on the police to discipline a kindergartner throwing a tantrum. Suhr agreed, “You can’t have police officers enforcing school discipline.”

The MOU now seeks to address that problem in a section directing school administrators to only call the police for public safety concerns and crimes. And though the MOU is not as ironclad as advocates may have wished, there are still many wins for reformers.

One of the authors of the agreement, Public Counsel’s Statewide Education Rights Director Laura Faer, said the new mandate for data collection is one of the key sections of this MOU. Now, the SFPD will report how many times officers have entered school grounds to arrest students.

“There will be a regular dialogue with the community about arrests,” she said. “It’s extraordinary.”

The agreement also has mandates for training with the SFPD on school policies. And, as Fewer reminded the Guardian, this is a living document. All parties now have new promises to live up to.

“This is the beginning,” Faer said, “this is not the end.”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Watchdogs in action

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news@sfbg.com

The Society of Professional Journalists, Northern California, will honor the following James Madison Freedom of Information Award winners during a March 20 banquet. Details on their work and the dinner are available at www.spjnorcal.org.

 

VOICE FOR PRISONERS

Throughout his 29-year journalism career, Peter Sussman, a retired San Francisco Chronicle editor, advocated for greater media access to prisoners and fought to uphold the rights of inmate journalists. In the 1980s, federal prison officials cracked down on inmate Dannie “Red Hog” Martin for writing to Sussman to share what life was like behind bars.

The retaliation spurred an epic battle over free speech within prison walls, and Sussman responded by publishing Martin’s regular writings about prison life, and later co-authoring a book with him titled Committing Journalism: The Prison Writings of Red Hog.

In the mid-’90s, Sussman fought state prison officials’ restrictions on media interviews with prisoners. He also helped write and sponsor statewide legislation to overturn limits restricting media access to prisons. Sussman will receive the Norwin S. Yoffie Award for Career Achievement.

 

GUIDING ASPIRING JOURNALISTS

Beverly Kees Educator Award winner Rob Gunnison is a former instructor and administrator at UC Berkeley’s Graduate School of Journalism, where he arrived after spending 15 years covering government and politics in Sacramento for the San Francisco Chronicle.

As a longtime instructor of a course called “Reporting and Writing the News,” Gunnison has continued to educate hungry young journalists on how to seek public records and carry out investigative reporting projects.

 

EXPOSING ATROCITIES

Peter Buxton will be honored with the FOI Whistleblower/Source Award. In 1972, Buxton played a key role in alerting the press to the ongoing operation of the Tuskegee syphilis experiments, where African American sharecroppers were intentionally exposed to the disease, without treatment or their knowledge, so researchers could study its progression.

By the time the story was related to the press, 28 men had died of syphilis, and 100 others had died of related complications. That leak helped spur Congressional hearings on the practice beginning in 1973, ultimately spurring a complete overhaul of federal regulations. A class-action lawsuit was filed, resulting in a $10 million settlement.

 

EXPOSING BART’S SCHEME

Reporter Tom Vacar of KTVU pushed for records determining whether replacement drivers that BART was training to help break last year’s labor strike were qualified to safely operate the trains, eventually finding that they had been simply rubber-stamped by the California Public Utilities Commission.

Those findings proved gravely significant on Oct. 21 when two workers on the tracks were killed by a BART train operated at the time by an uncertified trainee, an accident still being investigated by the National Transportation Safety Board.

 

STANDING FOR SUNSHINE

California Sen. Leland Yee is once again being honored by SPJ Norcal for his work on sunshine issues, including last year criticizing Gov. Jerry Brown and other fellow Democrats who had sought to weaken the California Public Records Act, instead seeking to strengthen the ability of the courts to enforce the law.

 

FIGHTING THE CITY

Freelance journalist Richard Knee’s Distinguished Service Award caps a 12-year fight for open government in a city eager to stash its skeletons securely in closets.

Knee is a longtime member of the San Francisco’s Sunshine Ordinance Task Force, created in 1994 to safeguard the city’s Sunshine Ordinance, and he has fought to maintain its power and relevance.

Over the years, many city agencies have fought against the task force, from the City Attorney’s Office to a group of four supervisors who claimed the task force was wasting public money, a struggle that is still ongoing.

 

BADGES AND ACCOUNTABILITY

The Lake County News and its co-founders Elizabeth Larson and John Jensen will received a News Media Award for a protracted legal battle with local law enforcement for a simple journalistic right: interview access.

The scrappy local paper detailed allegations that Lake County Sheriff Frank Rivero and his deputies wrongfully detained suspects on trumped up charges, made threats, conducted warrantless home searches, and violated suspects’ civil rights.

Rivero’s office responded by blacklisting the paper from interviews, a fundamental building block of news coverage. The paper sued the Lake County Sheriff’s Department, eventually winning its battle to obtain the right to keep asking the sheriff the tough questions.

 

PROTECTING THEIR SOURCES

When Saratoga High School student Audrie Potts committed suicide in September 2012, her parents alleged she was pushed over the edge by cyber bullying over photos of Potts at a party. High school journalists Samuel Liu, Sabrina Chen, and Cristina Curcelli of The Saratoga Falcon scooped the sensational national media outlets that descended on the story, but they were subpoenaed by the Potts family to reveal their sources.

They refused, citing California’s shield law in a successful legal defense that strengthened the rights of student journalists. As Liu said, “We are not willing to destroy our journalistic integrity by giving up our confidential sources, we got this information on the condition of anonymity, from people that trusted us.”

 

BUYING FRIENDS AT CITY HALL

Bay Guardian News Editor Rebecca Bowe and Reporter Joe Fitzgerald Rodriguez are being honored with a Journalist Award for “Friends in the Shadows,” (10/8/13) our investigation of the shady ways that developers and other powerful players buy influence at City Hall.

“Their detailed and thorough account explored a trail of money through myriad city agencies and departments,” the awards committee wrote, noting how the paper “used public records, interviews and independent research to probe how developers, corporations and city contractors use indirect gifts to city agencies to buy influence.”

 

NEWS FROM INSIDE

For accomplishing “extraordinary journalism under extraordinary circumstances,” The San Quentin News is being honored with a News Media Award. It is California’s only inmate-produced newspaper, and one of the few in existence worldwide.

The San Quentin News publishes about 20 pages monthly, and has a press run of 11,500 for inmates, correctional officers, staff, and community members. It’s distributed to 17 other prisons throughout California.

Under the scrutiny of prison authorities, the inmate journalists and volunteers wound up covering a historic prison hunger strike, the overcrowding of the prison population, and the denial of compassionate release for a dying inmate, an octogenarian with a terminal illness.

 

EXPOSING TORTURERS

The Western Hemisphere Institute for Security Cooperation (WHINSEC), better known as the name it held prior to 2001, the School of the Americas, is a combat training school for Latin American soldiers and commanders, with many graduates going on to commit human rights atrocities.

School of the Americas Watch founder Judith Litesky, a former nun, and Theresa Cameranesi, filed a lawsuit in federal court in San Francisco seeking the list of those who had gone though courses that include counter insurgency techniques, sniper training, psychological warfare, military intelligence and interrogation tactics.

Last year, the pair won a significant victory when a federal judge in Oakland ruled that the government could not cite national security reasons in withholding the names. Although the case is ongoing, they are being honored with a Citizen Award.

 

FIGHTING CORPORATE SNOOPS

In 2008, journalists from The New York Times and BusinessWeek looked to Terry Gross of Gross Belsky Alonso for legal counsel in a case against Hewlett-Packard. In a staggering display of corporate snooping, the tech giant had illegally obtained private telephone records of the journalists, in an attempt to gain access to the identities of their sources.

Gross has also defended journalists against police in cases regarding media access for breaking-news events, and he’s helped to expand the rights of online journalists. This year, Gross will receive the FOI Legal Counsel Award.

 

BAD BRIDGE, GOOD JOURNALIST

Sacramento Bee Senior Investigative Reporter Charles Piller will be honored with a Journalist Award for exposing corrosion problems in the long delayed, cost-plagued eastern span of the San Francisco-Oakland Bay Bridge. His breaking story and subsequent follow-ups revealed Caltrans’ inadequate corrosion testing, as well as inadequate responses to bridge inspectors who for more than two years warned Caltrans of water leaks and corrosion — only to go unheeded.

 

SUNSHINE COLUMNIST

Editorial and Commentary Award winner Daniel Borenstein, who writes for the Bay Area News Group, issued a strong response to a legislative attack on California’s Public Records Act last year, ultimately helping to defeat proposed changes that would have gutted the law.

“Without the state Public Records Act, we would never know about the Oakley City Manager’s $366,500 taxpayer-funded mortgage scheme, the Washington Township hospital CEO’s $800,000-plus annual compensation or the retired San Ramon Valley fire chief’s $310,000 yearly pension,” Borenstein wrote in one of his columns. “We would be ignorant of broken bolts on the Bay Bridge, the cover-up of Moraga teachers sexually abusing students, a BART train operator who collected salary and benefits totaling $193,407, the former BART general manager who received $420,000 the year after she was fired or the Port of Oakland executives who spent $4,500 one night at a Texas strip club.”

Burning the Man? Well, not exactly, at least not yet

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Last week’s announcement that Burning Man has become a non-profit organization got lots of uncritical coverage from the San Francisco Chronicle and other local news outlets, but the reality is the old owners are still firmly in control, as the Bay Guardian and the scrappy Burners.Me blog have been reporting.

It is true that The Burning Man Project, a nonprofit organization that founder Larry Harvey announced the creation of three years ago, is up and running and ostensibly in charge of “global cultivation of art and community,” as it put it in a March 3 blog announcement, whatever that really means.

But Black Rock City LLC continues to run the Burning Man event and control its vast revenue stream, even though it’s ostensibly been placed under the auspices and ownership of the new nonprofit, whose Board of Directors is still appointed to one-year terms by the old LLC board, which has permanent seats on the nonprofit board.

And any community accountability in that ownership arrangment is further undermined by the creation in 2010 of the ironically named Decommodification LLC, which owns the commodity that is Burning Man — its trademarks, brands, logos, etc. —  that the old LLC and the new nonprofit pays to license each year. It’s a similar setup to the old Paper Man LLC, a controversial arrangement that triggered internal lawsuits and set Burning Man down the path toward nonprofit control.

Kudos to the work of Burners.Me, which has continued critical coverage of an issue that I started covering while working on my book, The Tribes of Burning Man, but which I frankly lost the stomach to continue this watchdog role after concluding that most burners just don’t care who’s in charge or how much they make as long as the party doesn’t stop.  

Although the authority and community control of the new nonprofit may not be exactly as Harvey made it sound three years ago, his timeline is still holding fairly true: three years later, the LLC is now under the umbrella of a nonprofit, and three years from now, the LLC board members will vote on giving up control over the brands.

But Harvey is still voicing skeptisim about giving up control to the nonprofit, responding to critics of the latest move by writing, “The reason for this 3-year interval is that even we do not invest blind faith in the new non-profit’s workings, and we want to be perfectly sure that it can be relied upon, in the face of temptations that arise within any organization when dealing with power or money, to pursue the policies that we have practiced.”

How have Harvey and those around responded to these same temptations in recent years? Well, we don’t know, because they are refusing to say how much money they transferred to themselves in salaries and lump sum payments (which Harvey had frankly said three years ago they would be taking, and well in excess of the $20,000 cap that was created during an earlier controversy to limit their accumulation of equity in an event created by attendees) before placing the LLC under the nonprofit umbrella.

But Harvey did respond to critics by saying that the LLC’s finances will indeed to be opened up for public inspection for the first time later this year when the new nonprofit files its financial paperwork with the state.

“It has been asked if we intend to reveal the financial records of Black Rock City LLC. The answer is yes; that too will happen at about the same time as the Burning Man Project reveals its information—these two entities will then become a clean well-lighted suite of rooms thrown open for inspection,” Harvey wrote. “But I cannot guaranty [sic] that even this amount of disclosure will satisfy everyone. Even then, I suppose that some will look for skeletons in closets, or search for sliding walls that might conceal a dungeon.”

So I suppose that we’ll all just need to wait-and-see. And in the meantime, I’m still waiting for a call back from Marian Goodell, a Burning Man spokesperson and member of the LLC board, to address our questions, and I’ll update this post if I when I hear back.

UPDATE: Goodell confirmed our basic understanding of this transition, confirming that the transparency in the LLC’s finances and thepayouts its six board members received won’t be disclosed to the public. “There’s no need to go back, everything is going forward from January 2014,” she said in response to our question about fiscal transparency after telling us, “At the end of 2014, the financials for the 501(c)3 are revealed, and any attaching subsidiary finances.”

That means BRC LLC, but not Decommodification LLC, which is not a subsidiary to the nonprofit. Goodell said the decision hasn’t yet been made how much to pay in licensing fees, although the nonprofit has an exclusive licensing arrangement “and can set the amounts for others to use it,” such as the network on regional events that Burning Man has spawned.

As for the general concerns about who controls Burning Man, she said, “There’s never been any intention to give full control to the community.” But she said that she and the other five board members have been responsible stewards of the culture and “I’m personally very invested in the success of it. My duty is to see this into its next iteration when the founders aren’t necessary to be making the big decisions.”

 

Kick the can

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joe@sfbg.com

At least 720 San Francisco businesses oppose the controversial Sugary Beverage Tax proposed for the November ballot, according to the proposed ballot measure’s opponents. But a Guardian investigation shows that claim is overstated.

Some businesses were listed with the consent of employees who couldn’t speak for the business, not their owners, and some businesses listed aren’t even open anymore.

The measure is opposed by Unfair Beverage Taxes: Coalition for an Affordable City, which is funded by the American Beverage Association and fronted by public relations firm BMWL and Partners. They have been trying to enlist allies from local restaurants and liquor stores, trying to show the community is against the Sugary Beverage Tax.

The ABA is funded primarily by Coca-Cola Company and PepsiCo, and they certainly have cause to worry about a measure that aims to reduce consumption of sodas and other sugary drinks to help curb obesity, using a 2 cent per ounce tax on sugary beverages sold in San Francisco.

The resolution to place the measure on the fall ballot is sponsored by Sups. Scott Wiener, Eric Mar, Malia Cohen, John Avalos, and David Chiu.

The estimated $31 million in taxes collected would go to the SFUSD to fund physical education for kids and active and healthy living programs in the San Francisco Recreation and Park Department and the Department of Public Health.

We called over 70 of the businesses on the list of opposition to the tax in San Francisco. Not all of the businesses responded to our calls, nor were owners easily available, and some of the businesses listed did not have English-speaking staff available to talk.

Update 2/26: Want to see the list for yourself? Click here for the PDF of the opposition list to the Sugary Beverage Tax sent to us by Affordable City. 

But about 20 of the businesses did respond, and what they told us calls into question the veracity of the opposition list.

Mohammed Iqbal, owner of All Nite Pizza on Third Street, said he only learned about the Sugary Beverage Tax only after we called. Following up later, he said he found that one of his employees signed onto the list.

records“We’re not really sure about the tax, we’d rather stay out of it,” Iqbal told us.

Swanky coffee and wine bar Ma’Velous, a spot popular with City Hall politicos, was also on the list. The owner’s wife, Lean Chow, told us opposition canvassers presented the tax in a one-sided way, and she wasn’t told her signature would place the business onto an opposition list.

“We didn’t get the full details,” she told us in a phone interview. “We also didn’t know the taxes would go towards education.” Her husband owns the coffee bar, and she said they are both fully in support of the beverage tax.

Noe’s Bar and the formerly co-owned Basso’s restaurant are also on the opposition list, but both businesses are permanently closed, according to their Yelp listings and county business data, which we confirmed with phone calls.

Most of the store owners we talked to who did confirm they were on the opposition list said they were not told the funding would go to schools, activities in parks, or public health. Some said they were actively misinformed.

Aijez Ghani, the owner of the restaurant Alhamra, told us, “The one gentleman come, and he say in favor or against? I said in favor.”

When we asked him if he knew he was on the opposition list, Ghani said, “I think it was a mistake. But I am totally in favor of the tax, 100 percent. They’re going to spend money on the schools, the health of kids, and health is more important than business.”

Chuck Finnie, who runs the opposition group for BMWL, invited us up to his firm to inspect the signatures for the opposition list. Along the office walls were dozens of silver and gold award statues from the American Association of Political Consultants “Pollies” awards. One was a 2013 Overall Campaign win for No on N, when the firm trounced the Sugary Beverage Tax in Richmond.

Finnie suspected that the Guardian was sniffing around the list at the behest of Wiener, who Finnie said had raised concerns about the list’s credibility at various meetings in the business community.

“I was a journalist for 20 years, and this is bullshit,” the ex-San Francisco Chronicle investigative reporter and city editor told us. “The gloves are off.”

On the table was a large bin of records. Each business had a sheet with, supposedly, an owner’s name and contact information. We found one listing Mohammed Iqbal, of All Night Pizza, but Iqbal told us the signature was from an employee whose English was not good. Chow was also in there representing Ma’Velous, even though her husband, Philip Ma, is the only registered owner in county records.

As for the closed businesses, Noe’s Bar only closed three weeks ago, but Finnie and his associate Nick Panagopoulos (a former City Hall staffer) said they comb through the opposition list for mistakes every week, showing the Guardian a list of 12 businesses that were removed due to errors in the outreach process.

“I’m responsible for this coalition we’re building, and I’m serious about our political organizing,” Panagopoulos told us, saying he’s rigorous about the standards his organizers use, but that “they’re human beings, so there may be mistakes.”

But Wiener isn’t buying it.

“When I first saw this list, it looked fishy to me,” he wrote to the Guardian in an email, saying his office found irregularities similar to what we found, but from different businesses. “I’m concerned that, given this start to the campaign, the beverage industry is going to flood San Francisco with enormous amounts of money spreading misinformation. This kind of tactic isn’t acceptable.”

Francisco Alvarado, Bryan Augustus, and Brian McMahon contributed to this story.