Sup. Scott Wiener

Don’t undo ballot measures

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EDITORIAL The California initiative process is broken. The state’s too big, and it costs too much to gather signatures and mount a media campaign for or against a ballot measure.

But in San Francisco, the initiative process has traditionally been, and for the most part continues to be, a check on corrupt or ineffective political leaders and a chance for progressive reforms that can’t make it through City Hall. That’s why Sup. Scott Wiener’s proposal to allow the supervisors to amend (or, in theory, abolish) laws passed by the voters is a bad idea.

Since 1968, the San Francisco voters have approved 96 ordinances; that’s an average of about two a year. Obviously the pace has picked up since the 1970s. In 2008, there were eight measures approved; in 2010 there were four. The length and complexity of the ballot makes it appear that the supervisors aren’t doing their work, Wiener says. He notes that when he was campaigning, one of the most common complaints was that the voters were being asked to decide too many things that should have been handled at City Hall.

Some of that is the result of an unwieldy City Charter. Benefits for police and firefighters, for example, are specified in the charter, and any change needs voter approval. Wiener’s measure, aimed only at initiatives and not charter amendments, wouldn’t change that situation.

But some of it relates to the political alignments in San Francisco. For much of the past decade, the supervisors and the mayor were at odds over major issues. The mayor couldn’t get his (bad) proposals, like a ban on sitting on the sidewalks, through the board, and the progressives couldn’t get their proposals past a mayoral veto. So both sides went directly to the voters.

That’s a lot better than the paralysis we’re seeing in Sacramento. At least the issues are getting decided.

And over the years, some of the most important legislation in San Francisco — growth controls, tenant protections, protections for children’s programs, the city’s landmark open-government law — has come through ballot initiatives. The only way public power advocates have been able to get the issue on the agenda has been through ballot initiatives.

Those were issues that generations of supervisors and mayors wouldn’t take on — the developers and landlords and secrecy lobbyists and Pacific Gas and Electric Co. had too much power at City Hall. And those protections for the public, the environment, and the most vulnerable residents only survive today because they’re set in law and can’t easily be changed.

If Wiener’s measure has been in effect a decade ago, for example, Proposition M — the 1986 law that set neighborhood planning priorities and limits on office development, would have been summarily scrapped by Mayor Willie Brown and a pro-developer board. Key rent-control laws would have been repealed or amended to death. The ban on buildings that cast shadows on parks would be gone. Killing the Sunshine Ordinance would have been Brown’s first act.

Today’s district-elected board is far more accountable to the voters — but there’s hardly a reliable progressive majority. And the point of ballot initiatives is that you can’t predict who will control City Hall next year, or in 10 years.

We don’t think the initiative process in San Francisco is out of control. Sure, big money wins the day too often — but on balance, it’s a check that the Board of Supervisors should leave alone.

Vote your vote away

The article has been changed from the print version to correct an error.

In a surprising move that is causing a strong backlash from progressives and other groups that have won important reforms at the ballot box, Sup. Scott Wiener is pushing a charter amendment that would allow the Board of Supervisors to change or repeal voter-approved ballot measures years after they become law.

If voters approve Wiener’s charter amendment, among the most vulnerable reforms may be tenant protections such as limitations on rent increases, relocation assistance for no-fault tenant removal, and owner move-in eviction limits, to name a few.

The Rules Committee heard concerned testimony about the proposal May 19 and opted to hold off on voting to send it to the full board for approval until the next meeting on June 2 to allow for more public comment.

If approved, the amendment will be on the November ballot, although the public may be confused about why such an amendment would be on the ballot in the first place. The measure covers ordinances and resolutions that were placed on the ballot by supervisors, and Wiener has said he plans to amend the measure to exempt those placed on the ballot by voter petition. Changes to taxes or bonds are not a part of the amendment because those are required by state law to go to the ballot box.

Paradoxically, Wiener’s reasoning for the proposal is that he believes voters are bogged down with too many ballot measures with complex issues that need changes, measures he claims the board could deal with more efficiently. But critics say it makes progressive reforms vulnerable to attack by a board that is heavily influenced by big-money interests.

At the committee meeting, about a dozen people spoke in opposition to the amendment, saying it seemed broad in scope and would be a more appropriate change at the state level.

Matthias Mormino, a legislative aide to Sup. Jane Kim, who chairs the Rules Committee, said that his boss is still on the fence. “She has concerns and hasn’t made up her mind yet.”

Currently California is one of the last states where a voter-approved initiative cannot be subject to veto, amendment, or repeal, except by the voters.

“It’s not a radical thing,” Wiener told the Guardian about the proposed amendment. “My thinking is that we should do our jobs. We elect public officials to make decisions every week. I wanted to strike a balance where the voters still have a strong say.”

But how strong of a say will the voting public have in cases where voter-approved initiatives are changed by the decisions of a board of politicians with their own influences and bias?

Wiener stated that he had no specific initiatives in mind when he decided to propose the amendment nor was he targeting any kind of legislation, except ones that are “outdated.” Wiener cited an example of updating campaign consultant reporting from quarterly to monthly as a change that needed to happen but could seemingly be a nuisance at the ballot box.

He is proposing a tiered system in which, for the first three years, an initiative is untouchable. In four years, a two-thirds majority vote by the board could make changes to initiatives; after seven years, a simple majority could do so. That means a raft of tenant measures approved in the 1990s could come under immediate attack.

“Does he not like our sick-leave policy?” Sup. John Avalos told us. “It’s so vague and unclear on what he is trying to do. I’m afraid that he is trying to change laws that are popular with the voters. It’s not a democratic way to resolve policy issues.”

Calvin Welch, a longtime progressive and housing activist, has his own theory on Wiener’s proposal. “Voters don’t have a big problem discerning which ones they agree with and which ones they don’t,” he said about voter-approved initiatives.

He did the number-crunching and concluded that of the 983 policy ordinances on the books, 207 (21 percent) were policy initiatives. Of those, 102 (about 10 percent) were approved by the voters.

“Not quite overwhelming the ballot,” Welch said. “The argument that what is promoting this — the inundation of the initiatives — is not borne of the facts.”

Welch believes Wiener is targeting certain landlord and tenant issues that date back to 1978, when San Francisco voters first started adopting rent control measures. “That is what the agenda is all about — roughly 30 measures that deal with rent control and growth control,” he said.

Wiener denies this is an attack on tenants, and claims he doesn’t have a specific agenda in mind. “This is long-term reform, not immediate gratification reform. To take the big, big step, we would have to change state law. This is just a modest first step.”

Welch also took issue with the idea of “election proportionality,” calling the measure an undemocratic power grab since many initiatives in San Francisco’s history were approved with more than 200,000 votes.

“Mayors don’t get 200,000 votes — these measures do,” Welch said. “That a body can overrule thousands of voters undermines the election process of San Francisco. Why not limit government actors instead of the people? It’s about what Sup. Wiener wants to change.”

Budget set-asides have long been a target for legislators, explained Chelsea Boilard, a budget analyst with Coleman Advocates for Children and Youth. Historically in San Francisco, moderate politicians have mostly honed in on social service programs, not those with a lot of clout and political backing, like police and fire budgets. Although the Children’s Fund, which was set up by a charter amendment, would be exempt, other social program priorities set by voters could be eroded.

“The reality is that the police and fire departments don’t have to go to City Hall every year to defend their budgets, but health and human services do,” Boilard said.

While many on the left would love for the California Legislature to have the authority to make changes in the property-tax-limiting Proposition 13 — like by removing commercial property from being taxed at artificially low levels — activists see real danger in Wiener’s measure.

“I think this is bad policy. I know folks are frustrated with Prop. 13, for example, and wish it was easier to amend or repeal. But the way he’s going about this is odd to me,” political activist Karen Babbitt told us. “For one thing, it appears to apply to retroactively to existing ordinances and policy declarations.”

Babbitt also cites legal research indicating that Wiener’s proposal might contradict state law and be subject to legal challenge if it passes. Plus, that challenge could come from any direction since it would allow liberal and conservative reforms to be challenged by the board.

One proposition that would fall under Wiener’s amendment is Proposition L, the sit-lie ordinance approved last year that prohibits sitting or lying on public sidewalks between 7 am and 11 p.m. After a divisive campaign against the measure, police began enforcing it in April. In three years and with enough votes by the board, the board could repeal a law that Wiener supports.

“It’s really interesting,” said Bob-Offer Westort, a civil rights organizer with the San Francisco Coalition of Homelessness. “I have a lot of questions. I guess it cuts both ways. We’d like to see the aggressive panhandling law changed. We’d like to see the sit-lie repealed. There are definitely things, with the right composition of the board, we would benefit from. And there are things that we would not want to see changed.”

Either way, the measure could result in some divisive fights at the board. “One person presenting this as a way to get it done is not the answer,” Avalos said. “I worry that he will use the amendment to dismantle certain voter-approved laws.”

Editorial: Don’t undo ballot measures

3

 

The California initiative process is broken. The state’s too big, and it costs too much to gather signatures and mount a media campaign for or against a ballot measure.

But in San Francisco, the initiative process has traditionally been, and for the most part continues to be, a check on corrupt or ineffective political leaders and a chance for progressive reforms that can’t make it through City Hall. That’s why Sup. Scott Wiener’s proposal to allow the supervisors to amend (or, in theory, abolish) laws passed by the voters is a bad idea.

Since 1968, the San Francisco voters have approved 96 ordinances; that’s an average of about two a year. Obviously the pace has picked up since the 1970s. In 2008, there were eight measures approved; in 2010 there were four. The length and complexity of the ballot makes it appear that the supervisors aren’t doing their work, Wiener says. He notes that when he was campaigning, one of the most common complaints was that the voters were being asked to decide too many things that should have been handled at City Hall.

Some of that is the result of an unwieldy City Charter. Benefits for police and firefighters, for example, are specified in the charter, and any change needs voter approval. Wiener’s measure, aimed only at initiatives and not charter amendments, wouldn’t change that situation.

But some of it relates to the political alignments in San Francisco. For much of the past decade, the supervisors and the mayor were at odds over major issues. The mayor couldn’t get his (bad) proposals, like a ban on sitting on the sidewalks, through the board, and the progressives couldn’t get their proposals past a mayoral veto. So both sides went directly to the voters.

That’s a lot better than the paralysis we’re seeing in Sacramento. At least the issues are getting decided.

And over the years, some of the most important legislation in San Francisco — growth controls, tenant protections, protections for children’s programs, the city’s landmark open-government law — has come through ballot initiatives. The only way public power advocates have been able to get the issue on the agenda has been through ballot initiatives.

Those were issues that generations of supervisors and mayors wouldn’t take on — the developers and landlords and secrecy lobbyists and Pacific Gas and Electric Co. had too much power at City Hall. And those protections for the public, the environment, and the most vulnerable residents only survive today because they’re set in law and can’t easily be changed.

If Wiener’s measure has been in effect a decade ago, for example, Proposition M — the 1986 law that set neighborhood planning priorities and limits on office development, would have been summarily scrapped by Mayor Willie Brown and a pro-developer board. Key rent-control laws would have been repealed or amended to death. The ban on buildings that cast shadows on parks would be gone. Killing the Sunshine Ordinance would have been Brown’s first act.

Today’s district-elected board is far more accountable to the voters — but there’s hardly a reliable progressive majority. And the point of ballot initiatives is that you can’t predict who will control City Hall next year, or in 10 years.

We don’t think the initiative process in San Francisco is out of control. Sure, big money wins the day too often — but on balance, it’s a check that the Board of Supervisors should leave alone.

 

City officials pedal and praise on Bike to Work Day

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photos by Luke Thomas/Fog City Journal

Almost every top city official pedaled up to City Hall this morning for the 17th annual Bike to Work Day, all pledging their support for expanding safe cycling opportunities in San Francisco and declaring the bike to be a vital part of the city’s transportation infrastructure that will only grow in importance in the coming years.

“We should all feel proud that we have more to celebrate than ever in the history of Bike to Work Day,” said Leah Shahum, executive director of the San Francisco Bicycle Coalition, which sponsored the event and facilitated the rides by city officials, including riding Sups. Jane Kim and Carmen Chu to work on tandem bikes. Shahum praised the city for rapidly expanding the network of bike lanes and facilities over the last year.

Shahum accompanied Mayor Ed Lee on a ride along JFK Drive in Golden Gate Park (which Lee announced will soon get the city’s next separated green bikeway), along car-clogged Fell and Oak streets, through the Wiggle, and along Market Street toward City Hall.

Lee told us, “I feel good, exhilarated,” as he neared City Hall, where he and officials gave speeches praising bikes and calling for improvements to the system. “I want to experiment with ways to have detached bike lanes on Fell and Oak,” Lee said to the applause of cyclists familiar with competing with cars on those fast-moving streets.

Lee also declared his support for the goals of SFBC’s Connecting the City initiative, which calls for a system of safe, crosstown bikeways, connecting the bay to the ocean and the northern waterfront to the south side of the city. He also called for continuing the green bike lanes on Market Street all the way to the Ferry Building and said, “I’m dedicated to it.”

Board President David Chiu, who sponsored the legislation that set the goal of achieving 20 percent of all vehicle trips by bicycle by the year 2020, said he was proud to see so many bikes on the streets today. “Thank you for showing the world how we roll,” he told the crowd, also voicing his support for the crosstown bike route plan. “We have to imagine safe enough conditions for 8- and 80-year-olds to bike.”

“It makes us a healthier, happier, and more vibrant city when we bike together,” Sup. Eric Mar told the gathering.

Sup. Sean Elsbernd was the only member of the board not to bike today, but his fellow fiscal conservative Sup. Mark Farrell biked in from District 2 and told the gathering that improving the city’s bicycling infrastructure “is critical to our future.”

Chu doesn’t ride a bike, but she hoped on a tandem bike with SFBC board member Amandeep Jawa and told him, “Thanks for helping me see San Francisco in a new way,” noting her new appreciation for the sights, smells, and small details that opened up along a route to work that she usually drives.

Sup. Ross Mirkarimi called his District 5 the “epicenter” for cycling in the city and declared, “It’s time that we take back Masonic Boulevard…to make sure it’s safe for bicyclists and pedestrians.”

Sup. Jane Kim told the crowd, “I grew up a city girl and I never learned how to ride a bike,” but said that former SFBC director Dave Snyder and others have been trying to teach her recently. In her ride in on the back of a tandem bike, “I got to feel how unsafe it is to have cars and buses jostle around you.”

Sup. Scott Wiener told the gathering, “This was my first Bike to Work Day and it’s not going to be my last.”

Sup. David Campos told us he really enjoyed his ride up Valencia Street, where the stoplights are timed to the pace of bicyclists. “It’s the best ride in the city. If we can make more streets like Valencia we’d be in better shape,” Campos told us.

In his speech, Campos said, “We have so much happening around bicycling, bu we also have a long way to go.”

Sup. Malia Cohen said she biked the longest way in to City Hall, all the way from 3rd Street and Thomas, and that she was happy about both the bike infrastructure improvements and carfree events like Sunday Streets. “I want to encourage you all to come out to the Bayview for Sunday Streets [on June 12],” she said.

For all the celebration and improvements to the system, Sup. John Avalos said it’s important to continue establishing respect on the roads for bicyclists. “We have to change many minds about biking in San Francisco,” he said.

To illustrate the increasingly important role that bicycling is playing in San Francisco, SFMTA Commissioner Cheryl Brinkman cited city studies showing a 58 percent increasing in the number of cyclists on the streets of San Francisco over the last four years, noting a comparable increase in Muni ridership or in motorists on the roads would have resulted in gridlock in those systems.

“It’s a good lesson for us,” Brinkman said, voicing support for the goal to creating 100 miles of dedicated bikeways throughout the city in order to promote safe cycling.

Preserving preservation

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EDITORIAL San Francisco has a terrible record preserving its past. In the past 50 years, so many parts of the city’s history have been demolished, bulldozed, flattened, or destroyed in the name of development. The number of landmarks that are gone vastly exceeds the number of buildings or landscape features saved by historic preservation laws.

So when Sup. Scott Wiener called a hearing May 2 to discuss possible changes in the city’s historic preservation policies, it got a lot of neighborhood activists nervous. And for good reason. In a city where developers always seem to call the shots, where blocking a bad project is a difficult and expensive process, anything that removes a weapon from the quivers of the neighborhoods is potentially dangerous.

And coming in the wake of a 6-5 February vote at the board to appoint an unqualified, pro-development candidate to the Historic Preservation Commission, there’s a disturbing trend here. And the supervisors should be careful not to dismantle the protections that the 2008 ballot measure, Proposition J, put in place to protect the city’s history.

Wiener assures us he’s not out to gut preservation — he supported Prop. J and doesn’t think that the preservation movement has gone too far. “I just want to make sure that we are taking into account other policy priorities,” he said.

Wiener pointed to a few potential situations where historic preservation could get in the way of improvements to transportation and streetscapes. The street lights along Van Ness Avenue might have to be removed to make a bus rapid transit lane work — and some people might consider them historic structures. Pedestrian safety improvements along Dolores Street might require minor changes in the tree-lined median, which is not a landmark but potentially could be. He’s looking at changes in the City Planning Code provisions dealing with historic preservation — and potentially, with the way the Planning Department applies the California Environmental Quality Act.

There are always times when preservation conflicts with progress, and there will always be dubious uses of preservation law. But overall, in the course of many, many years, the pendulum has swung far in the other direction: historic preservation has been trumped again and again by the greed and political power of developers and the construction industry. And even well-meaning attempts to adjust city law will almost certainly become loopholes for more destruction.

Almost everything good in this city, from the cable cars to the Presidio, has been threatened with extinction at some point. Battling to save the city’s treasures is a full-time occupation.

There are ways to balance preservation against valid public policies like the need for affordable housing (almost never blocked by preservationists) and street improvements (one anti-bicycle character delayed new bike lanes for years, but not on the grounds of historic preservation). But there has to be a clear line: no changes or loopholes aimed at helping private, for-profit developers. Nothing that limits the ability of neighborhood groups to stop the destruction of city history.

The problem in San Francisco is not too much historic preservation, it’s that we allow too much to get lost. That’s why Wiener needs to tread lightly on this ground — and his colleagues have to make sure he doesn’t go too far. 

 

Editorial: Preserving preservation in San Francisco

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 San Francisco has a terrible record preserving its past. In the past 50 years, so many parts of the city’s history have been demolished, bulldozed, flattened, or destroyed in the name of development. The number of landmarks that are gone vastly exceeds the number of buildings or landscape features saved by historic preservation laws.

So when Sup. Scott Wiener called a hearing May 2 to discuss possible changes in the city’s historic preservation policies, it got a lot of neighborhood activists nervous. And for good reason. In a city where developers always seem to call the shots, where blocking a bad project is a difficult and expensive process, anything that removes a weapon from the quivers of the neighborhoods is potentially dangerous.

And coming in the wake of a 6-5 February vote at the board to appoint an unqualified, pro-development candidate to the Historic Preservation Commission, there’s a disturbing trend here. And the supervisors should be careful not to dismantle the protections that the 2008 ballot measure, Proposition J, put in place to protect the city’s history.

Wiener assures us he’s not out to gut preservation he supported Prop. J and doesn’t think that the preservation movement has gone too far. “I just want to make sure that we are taking into account other policy priorities,” he said.

Wiener pointed to a few potential situations where historic preservation could get in the way of improvements to transportation and streetscapes. The street lights along Van Ness Avenue might have to be removed to make a bus rapid transit lane work and some people might consider them historic structures. Pedestrian safety improvements along Dolores Street might require minor changes in the tree-lined median, which is not a landmark but potentially could be. He’s looking at changes in the City Planning Code provisions dealing with historic preservation and potentially, with the way the Planning Department applies the California Environmental Quality Act.

There are always times when preservation conflicts with progress, and there will always be dubious uses of preservation law. But overall, in the course of many, many years, the pendulum has swung far in the other direction: historic preservation has been trumped again and again by the greed and political power of developers and the construction industry. And even well-meaning attempts to adjust city law will almost certainly become loopholes for more destruction.

Almost everything good in this city, from the cable cars to the Presidio, has been threatened with extinction at some point. Battling to save the city’s treasures is a full-time occupation.

There are ways to balance preservation against valid public policies like the need for affordable housing (almost never blocked by preservationists) and street improvements (one anti-bicycle character delayed new bike lanes for years, but not on the grounds of historic preservation). But there has to be a clear line: no changes or loopholes aimed at helping private, for-profit developers. Nothing that limits the ability of neighborhood groups to stop the destruction of city history.

The problem in San Francisco is not too much historic preservation, it’s that we allow too much to get lost. That’s why Wiener needs to tread lightly on this ground and his colleagues have to make sure he doesn’t go too far. 

Canine conflict

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news@sfbg.com

San Francisco enjoys proximity to natural beauty and recreation on a scale unlike any other major urban area in the country. The 75,000-acre Golden Gate National Recreation Area offers city dwellers almost 60 miles of rugged coastline, forested hiking trails, and scenic beaches to enjoy. In most cases, people can bring their dogs.

While the city is notoriously difficult to raise human children in, four-legged friends flourish in an environment that celebrates their existence. With a multitude of dog-friendly parks, pet hotels, and ubiquitous doggie boutiques to accommodate the estimated 120,000 dogs that call San Francisco home, the canines and their companions form their own political constituency.

So it’s only natural that GGNRA’s Draft Dog Management Plan, which restricts dog walking in the park, has the pet set howling. The plan would limit off-leash dogs to 21 different areas of the park, including some of the most popular places such as Crissy Field, Fort Funston, and Ocean Beach, and ban dogs from some areas, like Muir Beach, where they have long been welcome.

The 2,400-page plan has been in the works since 2002, created out of the need to uphold the agency’s duty to protect the sensitive wildlife and plant species in the park while accommodating a growing population of visitors. Since its unveiling in January, thousands have rallied against it, filing so many comments to the National Park Service that it has extended the public comment period until May 30.

Currently, dogs are allowed off-leash in small fraction of the GGNRA lands and on-leash throughout most of the park. The proposed plan offers six alternatives for each of the 21 areas examined, all strengthening existing — but often ignored — leashing policies and reducing areas where dogs are allowed to roam tether-free.

“This is overly restrictive and unrealistic,” said Martha Walters, chair of the Crissy Field Dog Group. “There are certainly more management measures that can be taken with signage and educational outreach to protect these environments without having to impose this plan.”

Opposition has been widespread among pet owners and groups like the SPCA and Animal Care and Control. The Board of Supervisors voted 10-1 on April 26 to adopt a resolution formally opposing the plan, although the city has no jurisdiction over the area.

“It’s one thing to make sure we protect endangered species, but this plan doesn’t just do that,” said District 8 Sup. Scott Wiener, who authored the resolution. “This is a much more extreme proposal that is a significant restriction to dogs.”

Opponents fear the plan will force more dogs into city parks where overcrowding and aggressive behavior could become problems. Dog owners and advocates stress that responsible dog guardianship can be compatible with environmental stewardship, and that the NPS should better enforce the pet policy already in place.

“This is not right for our community,” said Jennifer Scarlett, codirector of the SPCA. “I would never want to wish harm on any wildlife, but it’s a piece of land stuck in one of the most densely populated cities in the country.”

But the GGNRA is still part of NPS, although many existing national environmental policies have largely been ignored here.

“We don’t get to choose whether or not to fulfill federal mandates,” said Alexandra Picavet, public affairs specialist for the GGNRA.

The GGNRA allows leashed dogs in more places than any other national park, and is the only park in the entire NPS system that allows off-leash dogs. It achieved National Park status in 1972, but its unique position as the backyard of a major city caused it to bend the rules when it came to letting the dogs out.

“The policy was adopted by the superintendent at the time of the GGNRA, and even that wasn’t really enforced,” GGNRA spokesperson Howard Levitt told us. “This was relatively early in the parks history, and in the early days, we didn’t really understand the importance of natural resources and history in the park.”

According to NPS, GGNRA is home to more threatened and endangered species than Yellowstone, Yosemite, Sequoia, Death Valley, and Kings Canyon national parks combined. It has a higher concentration of sensitive species than all but four of the 394 parks in the system.

The new pet plan would not be implemented until late 2012, after public comment is taken and the plan is revised. For six to 12 months, monitoring areas to measure compliance with leash laws will be conducted. If 75 percent of users do not comply, further restrictions will be made.

Current regulations are broken everyday at Ocean Bean and Fort Funston. Like the lax marijuana laws that are synonymous with San Francisco, leash laws have historically been considered more of a suggestion than a rule. At Crissy Field, one of the most popular recreation spaces for off-leash dogs, NPS observed dog owners disobeying the guidelines more than 60 percent of the time.

Many people do not realize that the four-mile stretch of Ocean Beach slated for restriction currently only allows dogs from May to June, or that the Great Meadow of Upper Fort Mason has never allowed the many off leash dogs seen there every day. Dog advocates say better signage about existing rules would help.

“To me, they went this way instead of having any intermediate steps in current policy and off leash areas,” said Rebecca Katz, director of the Animal Care and Control. “I am not supportive of the alternative. This isn’t like any other national park, and we don’t want it to be.”

On a recent visit to Fort Funston, it was evident that the park was, as some environmentalists call it, a de facto off-leash area. Dozens of dogs, most off leash, romped in the windy dunes, far outnumbering dog owners and professional dog walkers. Most dogs happily jumped from car to sand without ever being put on a leash.

Longtime San Francisco resident Candy Deboer and her giant schnauzer, Leila, have been coming to the park for years after finding city parks unsatisfactory.

“Golden Gate Park? I’ve tried that and I ended up stepping over hypodermic needles,” Deboer said. “Plus, I have a dog that loves junkie poop. I grew up camping, hiking, and fishing. I know how to preserve wildlife and take care of a park.”

Many said closing Fort Funston and Ocean Beach in March during tsunami warnings resulted in horribly crowded dog parks, and felt that GGNRA’s plan would deliver more of the same.

“We are using the parks the way they are supposed to be used,” said San Francisco resident Willa Hagerty, who also spoke at some of the hearings on the plan. “If we are doing something wrong, let us know with signs or fences.”

For some, walking dogs isn’t just a means of enjoying the outdoors, it’s a source of income. “The plan would really affect a lot of jobs like mine,” said SF resident and dog walker Josh Boutelle, who impressively handled eight different dogs while on a run for SF Pup Prep. “There will be more incidents in parks when there is crowding.”

Although everyone surveyed at Fort Funston stridently opposed the plan, most supported regulations in some form, from limiting the number of dogs professional walkers can handle to requiring leashes in some parts of the park. Sup. Wiener is also in the process of devising regulations for dog walking in city parks.

But the GGNRA plan has pitted environmentalists against dog advocates. The Sierra Club and Golden Gate Audubon Society support the plan and even argue that more restrictions are needed than proposed. Those groups, along with six other organizations including the California Native Plant Society and Nature in the City, wrote a letter to the Board of Supervisors April 8 opposing Wiener’s resolution.

“The GGNRA was created in part to bring a national park-caliber experience to all Bay Area residents and visitors, not to expand recreation opportunities for dog owners,” the letter states. “Contrary to what some are saying, the proposed plan is not about keeping dogs out of the GGNRA. Rather, it is about inviting dogs into the park in a manner that is sustainable and fair to all park users.”

The Sierra Club has even used the dog debate as a big factor for its mayoral endorsement. Sen. Leland Yee has spoken in support of the plan, while mayoral candidates Sup. John Avalos and Board President David Chiu voted to oppose it.

“I’m concerned that the Sierra Club is going to use a microscope on a tiny, insignificant measure to make a decision on mayoral endorsement,” Avalos told us. “The dog policy is insignificant compared to so many other environmental issues.”

Others disagree. Michael Lynes, director of the Golden Gate Audubon society, thought Wiener’s resolution was hasty and did a disservice to the years of work NPS has put into the plan.

“They keep talking about the impacts to the city, while here they are trying to do something that impacts the National Park,” Lynes said. “The resolution is really strange. It opposes the Park Service’s effort to regulate land in a way that is sustainable and equitable.”

Opponents say evidence of dog-induced damage to wildlife and humans is unclear, but the plan gives hundreds of pages of studies and incident reports. In 2008, nearly 900 dog-related incidents were reported, including attacks on vulnerable populations such as young children, seniors, and, disabled people. In 2005, Guide Dogs for the Blind found that 89 percent of their graduates had guide dogs interfered with by off leash dogs.

Plus, as difficult as it may be for dog lovers to fathom, not everyone wants to be around dogs when enjoying the outdoors. Currently, dogs are allowed on all but one major trail in the GGRNA, and China Beach in the Presidio is the only beach where people can have a dog-free experience.

“At the end of the day,” Lynes said, “people don’t want to change their behavior.”

 

Historic preservation debate raises a slew of questions

The Board of Supervisors Land Use Committee spent several hours yesterday hearing from city officials and members of the public on the hot-button issue of historic preservation. The informational hearing was called by Sup. Scott Wiener, who framed it as a discussion about “the impact of historic preservation policies on other major public policy goals and the need to adopt legislation to ensure that the policies are achieved” — a statement that raised alarm bells among historic preservationists and sent members of that community out in droves to defend preservationist efforts and to urge Wiener not to weaken any of the city’s existing policies.

Wiener raised concerns about the time and expense associated with environmental impact reviews (EIR) that could be triggered if a property falls within an historic district, saying, “there’s a sense that the cost is rather high, and the time it takes is rather high,” and added, “a lot of times we order an EIR, and that’s the end of the project.” He also raised questions about whether historic preservation efforts placed too many constraints on upgrading transit-oriented neighborhoods, parks, and libraries.

While Wiener had opened the debate in order to highlight problems associated with historic preservation policies, preservationists packed the room to defend their efforts. “I am dismayed that the importance of historic preservation is being challenged,” June Osterberg noted during public comment. She charged that San Francisco had gone from being “a paradise for residents to a developers’ paradise, to my despair. Please do not diminish the importance of what’s left in San Francisco.”

Arthur Levy noted, “If you go back to 1967 [when policies were first created] you will see that preservation has not thwarted or trumped development” in the decades since. “There’s nothing the matter systematically,” he added.

Wiener seemed surprised by some of the strong reactions. “They thought I was going to start knocking down the Golden Gate Bridge and the painted ladies,” he told the Guardian. He insisted that while he supported historic preservation, he wanted to have a conversation about balancing it with other policy goals, since “it’s an issue that has a lot of pent-up demand.”

The Historic Preservation Commission (HPC), created in 2008 with voter approval of Proposition J, has drawn criticism from members of the development community who’ve suggested that the panel would “shrink wrap” the city, stifling new building projects at a time when unemployment is particularly high in the construction sector. Yet Mike Buhler, executive director of San Francisco Architectural Heritage, noted that the city’s Historic Preservation Commission had given the green light to all but one project proposal that came before the it, suggesting that fears of the HPC freezing out potential development were unfounded.

Asked after the hearing how he reacted to those sending the message that everything was fine, Wiener noted, “In some respects, things are not fine,” citing the lengthy historic review process and lack of clarity on certain requirements.

Meanwhile, Sup. Malia Cohen took a different tack in her line of questioning on this issue. She wanted to know if teams of surveyors who conduct neighborhood assessments for designating historic districts reflected the ethnic diversity of the city, and whether historic context statements generated by those surveys took into account the myriad cultural and ethnic histories in a given neighborhood.

Planning officials assured Cohen that the surveyors were ethnically diverse, and community outreach was done in multiple languages. But one man who spoke during public comment charged that the planning department was “tone deaf” when it came to responding to concerns raised by the African American community, and that efforts to designate certain properties as historic, such as Sam Jordan’s Bar on Third Street in the Bayveiw, had “hit roadblocks.”

Speaking to the Guardian after the hearing, Cohen said she’d been hoping to highlight the omission of certain cultural perspectives when it came to decision-making about which properties are deemed historic. Cohen spoke about the contributions of Filipino, Chinese, Japanese, and African-American communities to the city’s historic landscape.

“And the Native Americans — they’re never included in the conversation,” she said, referencing a Shellmound on Bayview Hill leftover from an era when the Ohlone resided on the San Francisco peninsula. She said she was concerned that cultural contributions may not be reflected in the neighborhood surveys, or in which buildings are ultimately designated. “It’s systemic,” she noted.

Endangered Eagle may still have hope

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An important community institution never truly dies. It remains in the hearts and minds of everyone it has touched — a fact that that patrons who have lived and loved (sometimes literally) in the Eagle Tavern understand. But that doesn’t mean they’re ready to loosen their talons and let go.

With the help of San Francisco’s supervisors, some seriously committed community energy — and maybe even a Dallas cowboy who likes his leather — they may not have to.

For the past week, patrons of one of San Francisco’s oldest and boldest gay leather bars have been rallying to save their stomping ground from uncertain fate. It started when they found that rumors swirling since early in the year were true: the Eagle was slated to close at the end of April and faced a May 1 eviction.

Since then, defenders of the 12th Street space have scraped together emergency meetings and impromptu marches, a surprise leather night at the Skylark Bar (owned by a believed-to-be buyer), and a demonstration on the steps of City Hall. Letters were sent to the Board of Supervisors, petitions signed, and pink tent campouts planned as vigils.

Through it all, the message carrying most clearly was that the Eagle Tavern is far more than a swingin’ hot spot. “It’s our history and it’s our culture,” said organizer Kyle DeVries at a rally on the steps of City Hall last Tuesday. “And we’re proud of what we’ve given to this city.”

That “what” includes more than $1 million raised through the years at popular Sunday beer busts supporting everything from breast cancer research to AIDS awareness. But it also includes providing a safe haven and sense of belonging for San Francisco’s queer community for more than three decades.

And now, patrons have learned they will eek out another month. Thanks to the huge outpouring of support from Eagle denizens, and political pressure from three San Francisco supervisors, the end-of-April plan to fly the coop has been delayed at least until the end of May, Eagle manager Ron Hennis said.

But since the issue first exploded April 11, efforts to save the sacred space haven’t slowed down. At press time, supporters were planning an April 19 “Tuesday roost” at the Eagle in hopes of pumping energy and cash back into the tavern on a night known to be quiet.

Sup. Scott Wiener, along with Sups. David Campos and Jane Kim, sent a letter to the San Francisco Police Department that reviews liquor license sales in connection with the California Department of Alcohol Beverage Control. The letter reviewed the Eagle’s importance in SF’s queer community and stated that its authors are “adamantly opposed to any sale that would result in the Eagle’s destruction.”

The supervisors urged the SFPD to “closely scrutinize, consistent with applicable legal standards, any requested liquor license transfer relating to the Eagle to ensure that any such transfer will not harm the LGBT community by putting an end to the Eagle.”

So far, these efforts have been promising for Eagle patrons. In a phone interview, Wiener told us that Skylark owner Steve Englebrecht has pulled out of negotiations to buy the place. But the situation remains complex.

Eagle manager Ron Hennis explained that current owners John Gardiner and Joe Banks decided to sell the Eagle a year ago to focus on their other SoMa leather bar, Hole in the Wall Saloon, which has been plagued with high-cost property battles of its own.

Gardiner and Banks didn’t respond to our e-mails. But Hennis said they intended to sell the business — which includes the Eagle name, equipment, and liquor license — to people they felt would maintain the existing spirit of the bar: Hennis, Eagle entertainment coordinator Doug Hilsinger, and Lila Thirkield, owner of the Lexington Club.

Hennis and Hilsinger told us a contract was signed and the deal had progressed through an initial set of inspections and into escrow when the property’s owner, John Nikitopoulos, refused to negotiate a new lease with the prospective owners.

Despite successful conversations up to that point, Gardiner and Banks “turned off and didn’t say why,” Hennis said.

Further complicating the matter, Gardiner and Banks’ lease ran out and Nikitopoulos hasn’t renewed it. He’s been renting the property month-to-month and is reportedly raising the monthly price tag, which has remained the same for the past 10 years.

Hennis said the owners were still paying rent when they were threatened with eviction — which would mean a death sentence for the Eagle unless they could sell the business to a party Nikitopoulos would be willing to negotiate a lease with.

In the midst of the stalemate, Nikitopoulos offered to buy the business (and most important, the liquor license) from Gardiner and Banks, who refused saying they’d already agreed to sell to Hennis and his partners. Nikitopoulos then approached Hennis, suggesting Hennis purchase the business as planned and then sell him the liquor license. When Hennis also turned down the landlord’s offer — without the liquor license, Hennis wouldn’t actually own the bar — he disappeared from the conversations.

At the April 12 demonstration, mayoral candidate Bevan Dufty called for the stakeholders involved to recognize that in a city that “values history — indeed, is defined by history,” the lease on the Eagle is “more than just a business transaction.

“The owner of this building needs to come to the table and talk about this,” he urged.

But Nikitopoulos, a resident of Santa Rosa who inherited the property from his father, hasn’t responded to Hennis, reporters, or even to calls from Sup. Wiener. He was, however, reportedly in communication with Englebrecht when the Skylark owner swept in to purchase the space and liquor license — but not the name or the leather culture.

Though Englebrecht withdrew, supporters worry Nikitopoulos could potentially negotiate a lease with a different tenant — leaving the bar a casualty of SoMa’s continued gentrification.

Longtime Eagle patron Mike Talley, who has lived in SoMa for more than two decades, fears the Eagle would fit perfectly into a familiar story of luxury lofts, astronomical rent increases, and — inevitably — mass evictions. He explained that what the Chronicle’s late columnist Herb Caen called the Miracle Mile — a strip of SoMa gay and leather bars that once numbered in the dozens — now consists of just a few properties “hanging in there.”

Mark Kliem, a.k.a Sister Zsa Zsa Glamour of the Sisters of Perpetual Indulgence, echoed Talley’s concern, saying, “The rest of the entire world is family-friendly. Why can’t we have this one little half-mile area to call queer space?”

It’s worth noting that the Eagle is by no means exclusively gay. It is famous for its Thursday-night rock shows where, according to an Eagle DJ, “a melting pot of hipsters, stoners, and rockers mixed with the leather crowd.”

“Everyone was cool,” he said. “Everyone was welcome.”

Still, the bar has become an icon of San Francisco’s queer community.

Kim, who represents the district, presented the Eagle with a letter of commendation recognizing its 30 outstanding years as a “venue, cultural institution, safe haven, and home for the LGBT community” at the April 12 meeting.

“You can’t threaten something as important as this institution,” Campos added.

Wiener, Kim, and California Sen. Mark Leno also praised the Eagle at Sunday’s regularly scheduled beer bust. Leno lauded the efforts of local drag queen/community organizer Anna Conda, and referred to the week’s events as “Stonewall West.”

If anything, the week of demonstrations has drawn San Francisco’s queer community closer. And there is hope that the crowd can stay together in the spot they claimed for themselves. One white-horse possibility is Mark Frazier, owner of a Dallas bar also named the Eagle — and also home to a leather crowd.

Seth Munter of Herth Realty in San Francisco said Frazier has been eyeing the SF Eagle for more than a year, and that he is “interested and able to participate in continuing the Eagle as it has been, either with partners or on his own.”

Reached by phone in Dallas, Frazier told us he’s dreamt of the business since before his own Eagle took flight in 1995. “I think the San Francisco Eagle has a lot of history and a core base of support,” he said. “Any time you go into a business with so much support, it’s going to be successful.”

Frazier stressed that like the SF original, his Eagle has raised substantial sums for charity. Though he acknowledged that the bottom line of all businesses is to make money, “the successful ones continue to give back to the community — and not only monetarily.”

So far, Frazier said he has “exchanged e-mails with the powers that be” and that he is confident the Eagle’s troubles stem from a “communication gap” he could help fix.

Hennis expressed hope about the possibility of working with Frazier in addition to pursuing other options like historical preservation.

Demonstrators have penned more than 100 hand-written letters to the Historic Preservation Commission urging it to assign the Eagle landmark status. Commissioner Alan Martinez said such a process could cost thousands of dollars and would not “grant the right to dictate businesses or tenants.”

Still, he announced publicly that giving the building historic status is not “about turning the city into a museum — it’s about our history.”

Though landmark status protects the physical property, it would also provide legitimacy, an instantaneous way to tell the building’s story and bind the community together. And no matter what happens with the sale of the Eagle, that’s one possibility that flies.

 

Proposed SFPD crackdown on clubs gets a hearing

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A draconian proposal by the San Francisco Police Department to require all visitors to nightclubs in the city to scan their identity cards into a database and go through metal detectors while being filmed by security cameras will be held tomorrow night (Tues/12) by the Entertainment Commission, but an expanding coalition of opponents are rallying against it.

As we reported in December, club owners and nightlife defenders (including the California Music and Culture Association) overwhelmingly oppose the plan, which the American Civil Liberties Union says raises constitutional invasion of privacy issues. In addition, a new coalition of young people called Save the Rave – which turned out hundreds of people for a recent commission hearing on a proposed crackdown on dance parties – is also organizing against the new restrictions.

Police representatives have told us that the proposal stems from concerns about violence in and around nightclubs, that the provisions would allow police to more easily identify suspects when crimes occur, and that police should be trusted not to exploit the data that they’re collecting.

But critics of the legislation call it a gross overreaction to a handful of incidents that have happened around nightclubs and they say the SFPD has shown unreasonable bias against one of the city’s biggest industries. Sup. Scott Wiener recently asked city staff to prepare a study of the economic impact of nightlife in order to defend clubs against crackdowns like this.

The proposal would also require clubs to have one security guard for every 50 patrons, which club owners say would be an economic hardship for an industry opening on thin margins of profitability. The hearing begins at 6:30 pm in City Hall Room 400.

A jaundiced proposal

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An ordinance to ban unsolicited print Yellow Pages across San Francisco, proposed Feb. 1 by Board of Supervisors President David Chiu, seeks to reduce waste and save money.

“Phone books are a 20th-century tool that doesn’t meet the business and environmental needs of the 21st century,” Chiu said as he introduced the measure in board chambers.

The ordinance would establish a three-year pilot program starting Oct. 1 in which the city would reduce the mass distribution of phone books, making them available only at distribution centers or to residents or businesses that request them.

A rally in support of the ban before the meeting included Rainforest Action Network’s founder Randall Hayes and California Sen. Leland Yee (D-San Mateo), who proposed legislation that failed to gain steam last year for making it easier for Californians to opt out of receiving phone books.

But the Yellow Pages Association refuses to be thrown out with the rest of yesterday’s trash. YPA Vice President of Public Policy and Sustainability Amy Healy said her group opposes the proposal but that she was encouraged that Chiu and his staff say they are open to working with the association.

 

BY THE NUMBERS

Chiu introduced the ordinance, which is cosponsored by Sup. Scott Wiener, because of the potential effect it could have on reducing city waste, both in the city’s garbage bins and its treasury.

According to Chiu’s office, San Francisco receives about 1.5 million phone books a year. At an average weight of 4.33 pounds per book, the current distribution system creates about 7 million pounds of waste. If the production were cut in half for the city, it would save nearly 6,180 metric tons of carbon dioxide emissions a year from polluting the air.

But it isn’t just the environmental cost that is wearing on the city.

Phone books are tough to recycle. With plastic inserts, bulky design, and low-grade paper, the books have to be presorted and recycled manually. It costs Recology, the company contracted with the city for waste disposal, $300 per ton to dispose of the city’s unused phone books, which in turn costs taxpayers about $1 million a year for their disposal.

 

OPT IN VS. OPT OUT

The YPA has been sensitive to the environmental concerns, recently launching a website that allows a person to opt out of receiving a phone book.

But it is also suing the Seattle City Council over its Feb. 1 approval of a plan to charge Yellow Pages a 14-cent publisher’s fee per book and create an opt out system for the city, arguing the Seattle ordinance violates the First Amendment’s free speech protections.

According to a statement by YPA President Neg Norton, the association believes that “if don’t want a phone book, you shouldn’t have to get one.”

But YPA opposes the ban on unsolicited books, citing the jobs it would cost, the business community’s desire to “generate leads and revenue from ready-to-buy consumers,” and claiming the First Amendment “prohibits government from licensing or exercising advance approval of the press and from directing publishers what to publish and to whom they may communicate.”

Wiener has a different take on the matter, a stand he said he has already received lots of criticism for, including from some constituents who compared it to the board vote to ban Happy Meals last year. But he said this issue is very different.

“An enormous number of books dumped all over the city is a bad thing, and we should do something to address the issue,” he told the Guardian, noting that the ability to opt out isn’t good enough. “It’s not like the do-not-call list where it is directly annoying and people are more likely to take action … Stacks sit in apartment lobbies, and people don’t decide to opt-out.”

But YPA is also citing the public’s apathy as a reason the ban is unfair. “People don’t take the time to respond to e-mails,” Healy said. “It’s an unreasonable barrier to have a stranger knock on your door and ask you to take something.” The YPA claims that “seven in 10 adults in California use print Yellow Pages, so we do not believe a system that puts a burden on the majority of people to opt in is the best path for choice.”

 

ARE THEY USEFUL?

Do people still value the Yellow Pages?

Healy believes they do, stating that advertising with the Yellow Pages gives businesses a “high return on their investment.” We asked some city businesses that still advertise in the Yellow Pages what they thought about the potential ban.

Barbara Barrish, manager of Barrish Bail Bonds, doesn’t see her customers using the Yellow Pages anymore. “We used to swear by the Yellow Pages. Now young people use the computers, or their Blackberries and phones.”

Although she has an ad in the print edition, Barrish said she wouldn’t advertise with the directory again and only did so this time because it slashed its prices. “It used to cost a lot more, but it cut its advertising costs by a third,” she said. “They gave me a good deal.”

When asked if she would request a copy if the ban goes through, she said she probably would. “I might grab a phone book if the computer is down.”

Daniel Richardson, an immigration attorney who advertised in the Yellow Pages until 2008, predicted the business community would kill or water down the ordinance. “You are talking about going up against AT&T and other major businesses,” he told the Guardian with a chuckle.

Richardson said he stopped advertising in the Yellow Pages because he didn’t get enough business. He believes people look to the Yellow Pages for criminal or personal injury lawyers, but not immigration attorneys.

Even pizza places, a staple of advertising in the Yellow Pages, are ho-hum about the usefulness of the Yellow Pages. Junior Reyes, who is in charge of advertising for Go Getter Pizza on Gough Street, believes the restaurant gets most of its customers from online. “We do a lot of advertising with other places and online,” he said. “The Yellow Pages isn’t our main source.”

But what about people who do use the Yellow Pages, particularly groups that are not big Internet users. Would they miss it?

David Bolt is the dean for academic affairs at Expression College for Digital Arts in Emeryville and producer of the PBS series The Digital Divide. He believes that banning the Yellow Pages may be a problem for certain groups, including the elderly, recent immigrants, and the poor — groups with the least access to Internet, particularly in urban centers.

“We should err on the side of giving as much information to the greatest numbers of people, especially to groups that may not be technologically literate,” he said. “Society should think about how groups could be impacted by this decision.”

But Barbara Blong, executive director of the Senior Action Network, said older people are becoming more tech savvy. She said computer classes and other resources have put many of the city’s seniors online. She questioned the concept that seniors are one of the largest groups affected by the digital divide, noting that seniors oppose wastefulness as much as anyone.

“We are against having a lot of Yellow Pages laying around,” she said. Blong also mentioned that seniors who do not use the Internet for contacts can use the public library or senior centers that have phone books on hand. “I don’t see it as a ban, but moving on so we don’t have a great deal of waste,” she said.

The ordinance also exempts foreign language phone directories, further diluting the divide argument. The legislation wouldn’t ban the Chinese Yellow Pages or Momento (Spanish Yellow Pages) because they are distributed through community centers, not residences.

The ordinance is expected to have its first public hearing around the end of the month. The YPA will continue to tout its opt out website to the board in hopes it might be enough to persuade the city to forgo the opt in system. The group also hasn’t ruled out a lawsuit.

But YPA’s Healy said he hopes the coming dialogue will be productive. “We share the same goal — we don’t want to print directories that are unwanted.”

Saving Lyon-Martin

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When word got out that the Lyon-Martin Health Services clinic faced imminent closure, Luette Chavez’s cell phone started ringing off the hook. Her friends were going into panic mode.

“It’s shocking to think that something that’s so important to so many people could just be lost so easily,” Chavez told us. The clinic serves nearly 2,500 patients, regardless of their ability to pay for health care. It offers specialized services for queer women and transgender people, providing everything from primary care to mental health services to hormone treatment. A Hurricane Katrina survivor, medical school student, and part-time sex worker, Chavez volunteers at the clinic and relies on it for health care. Her dream is to someday start a free clinic in New Orleans that is cast in the mold of Lyon-Martin. But for now, all of her energy is consumed with the widespread effort to raise enough money to keep the clinic afloat. To survive, Lyon-Martin must pay off a $250,000 debt immediately.

 

CASH FLOW PROBLEM

As one volunteer among many, Chavez has adopted the mindset that failure is not an option. “I have absolutely every confidence that we will be able to save it ourselves because we’re running ourselves into the ground doing it,” she said.

Lyon-Martin’s board of directors initially voted to shut down the clinic at the close of business Jan. 27, citing insurmountable financial problems. That decision was rescinded, however, following an emergency meeting held at the LGBT Center shortly after news of its pending closure went viral. By Jan. 28, an emergency fund drive had netted close to $100,000 in pledges and cash donations. A fundraiser held Jan. 30 at El Rio drew nearly 700 supporters and roped in another $28,000.

Despite the outpouring of support, the long-term future of the 30-year-old clinic remains uncertain. Lyon-Martin can restructure and avoid shutdown if it manages to clear the $250,000 urgently owed, but it must find $500,000 to continue operating in the same capacity as it has. It has stopped accepting new patients, but will likely be able to serve current patients until at least the end of February.

“Without Lyon-Martin, a community that is historically marginalized won’t have anywhere to turn,” stated an open letter to supporters from Board Chair Lauren Winter, who was unavailable for comment.

A combination of state funding cuts, increased demand, and poor financial management created a perfect storm for Lyon-Martin. A key source of the trouble was that the clinic had not been keeping up with its billing, and after a certain amount of time, it could no longer claim reimbursements from Medi-Cal. Yet external factors such as state and local budget cuts contributed to the problem, too, and Lyon-Martin is not alone in that respect.

All across San Francisco, community clinics that serve low-income and uninsured people are struggling to do more with less. Jim Illig, president of the San Francisco Health Commission, told us that he knows of several other clinics in dire financial straits.

“There are a lot of clinics on the edge because they have dedicated their mission to serving the uninsured,” he said. “Any nonprofit clinic that you see — they’re struggling.” The Haight Ashbury Free Clinics, another nonprofit healthcare organization serving the uninsured, recently announced a merger with Walden House, a substance-abuse treatment center. The merger allowed the venerable health-care nonprofit to continue offering services after its budget was slashed by 50 percent due to reduced support from the city’s General Fund. Even as the cuts took effect, demand for the free clinic’s services rose 10 percent from 2009 to 2010.

“Every time I look into the waiting room, it’s full,” said Jeff Schindler, chief development officer.

If Lyon-Martin closes, its patients will have to be transferred to other clinics, but there’s high demand everywhere. Such an outcome might evoke a sense of dèjá vu for some. Last fall, when an LGBT-focused clinic called New Leaf shut down due to crippling financial problems, many of its clients were transferred to Lyon-Martin.

 

COMMUNITY SURPRISED, UPSET

The front office manager at Lyon-Martin, who wished to be identified only as Braz, said she’d had no warning that closure was imminent. “Just closing down like that seemed impossible. We couldn’t ethically do that,” she said. “Our patients are freaking out right now.”

Once people became aware that the clinic was on the brink of closure, some aired the criticism that the board should have been more forthright about financial troubles. The Bay Area Reporter, a San Francisco publication covering LGBT issues, published an editorial calling for the resignation of the six-member board, and several sources told the Guardian they expected the board members to step down.

Meanwhile, health officials and elected representatives have stepped into the mix, but no promises of governmental financial assistance had been secured by the time the Guardian went to press.

Department of Public Health Director Barbara Garcia was unavailable for comment, but released a prepared statement: “The Department of Public Health has been in close discussions with Lyon-Martin and the pressing need to make immediate changes to the way they conduct their financial affairs. We value the important health care services they deliver and will continue to work with them to find the best long-term outcome for the clinic and the patients.”

Sup. Scott Wiener told the Guardian that he’d been in discussions about Lyon-Martin with Garcia and Sup. David Campos. Sups. Ross Mirkarimi and Jane Kim also attended the emergency meeting, and California Sen. Mark Leno was said to be attempting to secure some state funding for the clinic. As the push to save the clinic continues, a parallel effort is moving forward to craft a contingency plan for how Lyon-Martin’s nearly 2,500 patients can access care in the event that it doesn’t survive.

 

COMPETENT CARE

Lyon-Martin patients and others familiar with its services stressed that the women’s clinic is a critical resource for lesbians and the transgender population, because medical staff are trained in that specialized area of care.

“The service there is incredible,” noted Cheryl Simas, who has been a patient there for three years. “They explain everything to you, you’re listened to, and you’re treated with care and respect.” Simas said it was a dramatic difference from an experience she’d had in the mid-1990s, when her healthcare provider was barely comfortable pronouncing the word “lesbian.”

Lyon-Martin medical staffers receive training on transgender patient care, and it even offers training in that realm for medical professionals from cities throughout the United States. “They are internationally renowned as a model for what it means to offer transgender care,” noted labor organizer Gabriel Haaland, who said he was once denied health care due to his transgender identity. “The healthcare system is a fairly traumatic experience for most transgender people,” he added.

If Lyon-Martin closed, “it’d be pretty tragic,” noted Carlina Hansen, executive director of the Women’s Community Clinic, which works closely with Lyon-Martin. When it comes to health care, “We live in an unusual city, in that there is a lot of need among low-income people, due in part to a high cost of living. “Every clinic in San Francisco provides an integral part of that network,” and each clinic fills a specific need, Hansen noted. “The diversity of the clinics matches the diversity of our community.”

Early indicators

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Land use politics and the way development decisions are made at City Hall fed San Francisco’s ascendant progressive movement over the last decade. So in the wake of a still-unfolding political realignment, an early key vote is making some preservationists and developer foes nervous.

At the center of that concern is Sup. Jane Kim, who broke with her progressive colleagues Jan. 25 to be the swing vote in the board’s 6-5 approval of attorney Richard Johns to the historian’s seat on the Historic Preservation Commission. Progressives and preservationists opposed the nomination on the grounds that Johns isn’t a historian and that he has close ties to former Mayor Willie Brown, a friend of developers whose longtime chief of staff was Johns’ wife, Eleanor.

And they’re suspicious of Brown’s support – both overt and stealthy – for Kim’s supervisorial campaign (see “Willie Brown and the accusations of machine politics in D6,” 10/16/10, Guardian Politics blog).

Kim didn’t explain her vote at the full board meeting, and her comments at the Rules Committee (which she chairs) and to the Guardian that Johns “was qualified” and she could “see no reason not to support his nomination” irked many of her progressive supporters who consider development the big issue.

Feeding concerns about the potential blunting of historic preservation and other tools used to scrutinize development projects was the Jan. 25 announcement by Sup. Scott Wiener that he is calling for hearings into whether the commission is improperly hindering development and other policy priorities.

“The Historic Preservation Commission — and I supported the creation of the Historic Preservation Commission — has become an increasingly powerful commission reaching into a lot of different areas of policy in the city,” Wiener said during the discussion of Johns’ nomination, citing housing, parks, and libraries as areas the commission has affected. “It’s important to have a diversity of backgrounds and viewpoints on this commission, and if we’re going to have a committee made up exclusively of advocates for historic preservation, only advocates, that is a problem.”

Former board President Aaron Peskin, who led the effort to create the commission through the voter-approved Proposition J in 2008, disputes the allegation that the commission has become too powerful, as well as the claim that Johns is qualified to serve in the historian’s seat, one of six seats on the commission that now requires professional qualifications.

“The facts do not support Sup. Wiener’s allegations,” Peskin told us, noting that the Board of Supervisors and the mayor retain the authority to decide what is and isn’t historically significant. Yet Wiener said that even commission- and staff-level actions affect other city goals. “The conducting of a survey does have legal impact,” Wiener told us.

But Peskin said San Francisco has very few protected buildings compared with other major U.S. cities, something voters sought to change through Prop. J, and Peskin said he was disappointed that Kim didn’t support the law’s dictates. “This is the second time in 2011 when the slim alleged progressive majority has not stayed together,” he said, referring also to the election of David Chiu as board president.

Peskin and others who fight land-use battles say they don’t yet want to jump to the conclusion that developers might have an easier time with this board. “It’s my profound hope is that this is a learning experience,” Peskin said of Kim’s vote.

Veteran land use attorney Sue Hestor noted that neither Kim nor Wiener has a record on land use issues by which to judge them and she didn’t want to make a big deal of their Jan. 25 actions. Yet she said that development is a huge issue in the Tenderloin, SoMa, and Rincon Hill areas that Kim represents, so there are major tests of her progressive values coming soon.

“In District 6, it’s the defining issue because it’s the most explosive district in terms of growth,” Hestor said. “Land use is about who gets to live in the city.”

 

WHOSE CITY?

While most of the discussion about the Johns nomination focused on his qualifications as a historian — indeed, that was the basis of most of the opposition to his nomination, by both activists and progressive supervisors — there was some telling subtext focused on Hestor’s point that land use is the most fundamental progressive issue.

At the Jan. 20 Rules Committee meeting, Kim even asked Johns about his “vision for affordable housing as it related to preservation.” But the answer she received wasn’t terribly reassuring to those who see the lack of affordable housing for low-income city residents as a serious problem that the city is failing to address (see “Dollars or sense?” 9/29/10).

“San Francisco is made up of lots of different groups of people with lots of different backgrounds,” Johns said at the hearing, noting that it is important to “preserve the culture and the past that have brought us to where we are. But part of that past is the ability to grow.”

In an interview with the Guardian, Johns expanded on the point, sounding a more pro-growth point-of-view than many of his colleagues on the commission are likely to share. “Development and preservation can go hand-in-hand,” Johns said. “Maybe it’s the development that allows what might be a slowly deteriorating building to be fixed up properly.”

As an example, he cited his 20 years of work on preserving the Old Mint Building — his main claim to expertise as a historian — which was ultimately accomplished as part of the development project that included office and commercial development and the Mint Plaza public space.

“People of all income levels have a right to live in San Francisco,” Johns said, adding, “The real need some people would say is the need for middle class housing.” When we noted that it’s often the low-income residents who are ousted when old buildings get modernized, he said, “You have to think about the desirability of people to live in crummy housing.”

Chiu and Kim both downplayed the importance of the Johns vote. “People are trying to read too much into this,” Chiu said, explaining that he opposed the nomination because he simply felt Johns didn’t meet the criteria as a historian. “What was relevant is what city law says.”

Kim told us that it wasn’t until the full board meeting that she learned how her progressive colleagues felt about the matter, and that she didn’t want to change how she voted in committee. “It was not important enough for me to change my vote based on my verbal commitments,” Kim said later.

Yet on the evening of the vote, Kim told the Guardian that she felt “pressure” to support Johns, although she wouldn’t say from whom. “I was put in a bad position on this issue,” she said. Many progressives have speculated that pressure came from Brown, which Kim denies. “We didn’t talk about this, not once,” she said.

But in his Jan. 30 column in the San Francisco Chronicle, Brown crowed about the victory by “my friend Richard Johns” and called Chiu’s opposition to him “a mistake that could haunt him for some time,” saying Chiu has set up Sups. Malia Cohen and Kim “to be the swing votes on every issue where moderates and progressives split.”

Rebecca Bowe contributed to this report.

Wiener proposes economic study on nightlife

5

While the basic ideological makeup of the new Board of Supervisors didn’t change much, there are a few notable differences between the newbies and their predecessors. Much has been made of Sup. Jane Kim’s greater willingness than Chris Daly to vote against her progressive colleagues (we have a story in tomorrow’s paper about that), but another significant one is Sup. Scott Wiener’s support for nightlife and concerns about what we’ve called the Death of Fun.

His office has announced that at today’s board meeting, Wiener will call for a study of the economic impacts of entertainment and nightlife in the city. “It’s important that we understand the size and reach of this industry as we consider regulating it,” Wiener in a press release.  “Without this information, it’s difficult to make informed decisions and to enact effective policies concerning entertainment and nightlife, which are a key part of San Francisco’s cultural identity.  Particularly as we attract more young people to San Francisco, as the biotech and other new economy industries grow here, we need to ensure that we are providing them with entertainment opportunities.  Understanding the size and scope of entertainment and nightlife in the City will help us achieve that goal and help us remain a world-class city that attracts people here.”

Contrast that with Wiener’s predecessor, Bevan Dufty, who led the effort to cancel Halloween in the Castro (enforced with hordes of police and water trucks) and presided over the city’s efforts to demonize the nightlife industry, give the cops greater authority to crackdown on clubs, and opposed efforts to create and support street fairs.

Longtime Entertainment Commission member Terrence Alan was an enthusiastic supporter of Wiener’s supervisorial campaign, breaking with many of his progressive allies who were backing Rafael Mandelman. And now, with this study, Wiener seems to be trying to show how valuable this industry really is to San Francisco in the hopes of stopping future crackdowns.

Lyon Martin clinic facing closure

7

Lyon Martin Health Services — a legendary health clinic that specializes in women’s and LGBT health, celebrating its 30th anniversary last year — is having serious financial problems and could close down as soon as Thursday.

Rumors of the closure have been circulating all day, with Sup. Scott Wiener telling the SF Appeal that a source told him the clinic was closing. And the Guardian has now learned that at least one patient, health educator Catie Magee, had an appointment for Monday canceled by the clinic and was told, “We have to cancel your appointment because Lyon Martin is closing.”

The clinic is the only free-standing community clinic in California that serves to women and transgender people in a place sensitive to sexual and gender identity. The non-profit closure of the clinic would be a great loss to the community since it also provides healthcare regardless of one’s ability to pay.

“If you’re uninsured and your trans or a lesbian, you’ve probably been to Lyon Martin,” transgender labor organizer Gabriel Haaland, who used the clinic for his transition in 1997, told us. Unlike most medical providers, he said Lyon Martin offered hormone shots and other services to anyone who sought them “without making you jump through a whole bunch of hoops.”

Haaland and other supporters of the center plan to gathered tonight at 7 pm in Room 301 of the LGBT Center (1800 Market) to discuss the center and what can be done to save it.

The clinic’s namesakes, pioneering lesbian and feminist activists Del Martin and Phyllis Lyon, were the first same-sex couple to be issued a marriage license by the city back in 2004, and they were married by then-Mayor Gavin Newsom on Feb. 16, 2004,

In the past year, the clinic served 2,500 patients. Elizabeth Sekera, the clinic director told us that the clinic even sees patients outside the county of San Francisco and unfortunately if the clinic closes, those patients won’t even be covered under the city’s health access program, Healthy San Francisco, since they do not live here.

Sekera said she was unable to comment on why and when the clinic will be closed. She also did not give any information on where patients would be referred to but did say that the staff at Lyon Martin has opposed the closure of the clinic because there isn’t a transition of care plan and the abandonment of patients is unethical.

It is uncertain whether the clinic, which is funded solely by donations, is closing due to funds. The clinic is run by about 23 staff members, interns, and lots of volunteers. The support section in its website pleads, “We need your help! We need it now.”

Magee said the loss of Lyon Martin would be huge blow to the city, particularly after New Leaf, which also served an LGBT clientele, closed last year. “It’s a shame,” Magee said, noting Lyon Martin’s excellent “reputation as a place for women’s and LGBT healthcare.”

Charlene Hawek, who has been a patient at the clinic for two years, expressed concern for where she will go if the clinic does close. When asked if there is any other option she responded, “There’s the Tom Waddell center but it’s not the same.”

Sekera hopes to see the clinic “remain open, possibly under a different name, or a full institution to exist in the same state, live for another 30 years.”

Historic preservation fight at the board

3

The supervisors will hear a recommendation from the Rules Committee Jan. 25th to appoint Richard Johns to a seat on the Historic Preservation Commission. These things typically aren’t that controversial — but there will probably be a fight over this one. And it’s significant because of what it says about the new board committees appointed by board President David Chiu.


Background: The Historic Preservation Commission was created by the voters with the passage of Prop. J in 2008. Then-Sup. Aaron Peskin authored the ballot measure, which gave the panel real teeth, the ability to prevent the destruction of important pieces of local history — and mandated professional qualifications for six of the seven members. The goal: Prevent a mayor who cared nothing about preservation from appointing hacks and cronies to the board.


Seat number 4, for example, is set aside for a professional historian, someone with exensive academic background in California and Bay Area history.  As Mike Buhler, director of the San Francisco Architectural Heritage foundation, noted in a Jan. 3, 2010 letter to the Rules Committee:


The minimum professional qualifications in history are a graduate degree in history or closely related field; or a bachelor’s degree in history or closely related field plus one of the following:
1. At least two years of full-time experience in research, writing, teaching, interpretation, or other demonstrable professional activity with an academic institution, historic organization or agency, museum, or other professional institution; or
2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of history.


Just before leaving office, Newsom nominated Richard Johns, a lawyer, to that seat. Johns has been active in the movement to restore the Old Mint and create a San Francisco History Museum, and he clearly has more than a passing interest in local history — but he doesn’t even remotely meet the qualifications for this seat.


He also happens to be married to Eleanor Johns, who was chief of staff to Mayor Willie Brown.


Johns has done some good volunteer work, but according to Peskin, he’s a perfect case study in what Prop. J was supposed to prevent. “We wrote the measure to ensure high professional standards and qualifications for each seat,” Peskin told me. “If they can get away with this, the voters got bamboozled.”


Or, as Robert Cherny, an eminent professor and historian at San Francisco state, noted in a Jan. 17 letter to the commitee:


I am concerned that this nomination will set a precedent that the professional qualifications established by the charter can be ignored if a mayor wishes to do so.


The other problem with Johns became clear in his Jan. 20 testimony to the committee, when he talked about the important of the need for change and growth in San Francisco — key words that anyone who has followed local politics knows are the mantra of developers who want to get rid of historic landmarks.


I asked Sup. David Campos, who was on the previous Rules Committee, about Johns’ qualifications, and he told me that you could make a strictly legal argument either way; the charter language could be interpreted by a court to allow Johns to slide in. But he also said he didn’t support the nomination. “I had to ask,” he told me, “is this the best we can do?”


Good point — this is a city full of professional historians. Is Richard Johns the best we can do?


The current Rules Committee — with two conservatives (Mark Farrell and Sean Elsbernd) and one progressive (the chair, Jane Kim), apparently thought so. His nomination was approved unanimously.


It’s only one seat on one commission, but the precedent is important: You can’t set professional standards for commissions then let the mayor ignore them an appoint his political allies. And historic preservation is under attack in the city: Sup. Scott Wiener just announced that he’s calling for a hearing on how the city’s “prioritization of historic preservation is impacting, and possibly undermining, other key policy objectives.” In a press statement, he complained about too many things having to go through the Historic Preservation Commission.


Most nominations that get approval at Rules slide right through the full board. That’s the problem with a Rules Committe stacked with conservative, pro-development supervisors.


In this case, though, we can expect a bit of a fuss. I know the progressives on the board won’t be unanimous in approving Richard Johns. 

SF’s new political era

31

news@sfbg.com

You can argue about what the word “progressive” means, and you can argue about the process and the politics that put Ed Lee in the Mayor’s Office. And you can talk forever about which group or faction has how much of a majority on the San Francisco Board of Supervisors, but you have to admit: this city has just undergone a significant political realignment.

Some of that was inevitable. The last members of the class of 2000, the supervisors who were elected in a rebellion against the sleaze, corruption, and runaway development policies of the Willie Brown administration, have left office. Gavin Newsom, the mayor who was often at war with the board and who encouraged a spirit of rancor and partisanship, is finally off to Sacramento. For the first time since 1978, the supervisors will be working with a mayor they chose themselves.

For much of the past 15 years, progressive politics was as much about stopping bad things — preventing Brown and then Newsom from wrecking the city — as it was about promoting good things. But the “politics of anti,” as San Francisco State political scientist Rich DeLeon describes is, wasn’t a central theme in the November elections, and this generation of supervisors comes into office with a different agenda.

Besides, one of the clear divisions on the board the past seven years was the Newsom allies against the progressives — something that dissipated instantly when Lee took over.

But the realignment goes deeper.

Until recently, the progressives on the board had a working majority — a caucus, so to speak — and they tended to vote together much of the time. The lines on the board were drawn almost entirely by what Newsom disparagingly calls ideology but could more accurately be described as a shared set of political values, a shared urban agenda.

There are still six supervisors who call themselves progressives, but the idea that they’ll stick together was shattered in the battle over a new mayor — and the notion that there’s anything like a progressive caucus died with Board President David Chiu’s election (his majority came in part from the conservative side, with three progressives opposing him) and with Chiu’s new committee assignments, which for the first time in a decade put control of key assignments in the hands of the fiscal conservatives.

 

A PROGRESSIVE MAJORITY?

The progressive bloc on the board was never monolithic. There were always disagreements and fractures. And, thanks to the Brown Act, the progressives don’t actually meet outside of the formal board sessions. But it was fair and accurate to say that, most of the time, the six members of the board majority functioned almost as a political party, working together on issues and counting on each other for key votes. There was, for example, a dispute two years ago over the board presidency — but in the end, Chiu was elected with exactly six votes, all from the progressive majority that came together in the end.

That all started to fall apart the minute the board was faced with the prospect of choosing a new mayor. For one thing, the progressives couldn’t agree on a strategy — should they look for someone who would seek reelection in November, or try to find an acceptable interim mayor? The rules that barred supervisors from voting for themselves made it more tricky; six votes were not enough to elect any of the existing members. And, not surprisingly, some of the progressives had mayoral ambitions themselves.

When state Assemblymember Tom Ammiano — who would have had six votes easily — took himself out of the running, there was no other obvious progressive candidate. And with no other obvious candidate, and little opportunity for open discussion, the progressives couldn’t come to an agreement.

But by the Jan. 4 board meeting, five of the six had coalesced around Sheriff Mike Hennessey. Chiu, however, was supporting Ed Lee, someone he had known and worked with in the Asian community and whom he considered a progressive candidate. And once it became clear that Lee was headed toward victory, Sup. Eric Mar announced that he, too, would be in Lee’s camp.

A few days later, when the new board convened to choose a president, the progressive solidarity was gone. Sups. David Campos, John Avalos, and Ross Mirkarimi, now the solid left wing of the board, voted for Avalos. Chiu won with the support of Mar, Sup. Jane Kim, and the moderate-to-conservative flank.

Now the Budget Committee — long controlled by a progressive chair and a progressive majority — will be led by Carmen Chu, who is among the most fiscally conservative board members. The Land Use and Development Committee will be chaired by Mar, but two of the three members are from the moderate side. Same goes for Rules, where Sup. Sean Elsbernd, for years the most conservative board member, will work with ideological ally Sup. Mark Farrell on confirming mayoral appointments, redrawing supervisorial districts, and promoting or blocking charter amendments as Kim, the chair, does her best to contain the damage.

You can argue that having independent-minded supervisors who don’t vote as a caucus is a good thing. You can also argue that a fractured left will never win against a united downtown. And both arguments have merit.

But you can’t argue any more that the board has the same sort of progressive majority it’s had for the past 10 years. That’s over. It’s a new — and different — political era.

What happens now? Will the progressives hold enough votes to have an influence on the city budget (and ensure that the deficit solutions include new revenue and not just cuts)? What legislative priorities will the supervisors be pushing in the next year? How will the votes shake out on difficult new proposals (and ongoing issues like community choice aggregation)?

Mayor Lee has pledged to work with the board and will show up for monthly questions. How will he respond to the sorts of progressive legislation — like tenant protections, transit-first policies, immigrant rights measures, and stronger affordable housing standards — that Newsom routinely vetoed?

How will this all play out in a year when the city will also be electing a new mayor?

 

IDENTITY POLITICS?

When Sups. Chiu, Mar, and Kim broke with their three progressive colleagues to support Chiu for board president — just as Chiu and Mar helped clear the path for Ed Lee to become mayor days earlier — it seemed to many political observers that identity had trumped ideology on the board. There’s some truth to that observation, but it’s too simple an explanation. There’s also the fact that Chiu strongly supported Kim, who is a personal friend and former roommate, in her election, so it’s no surprise she went with him for board president.

And the phrase itself is so laden with baggage and problems that it’s hard to talk about. It has come to signify a wide range of political activity and theorizing founded in the shared experiences of injustice of members of certain social groups. “Rather than organizing solely around belief systems, programmatic manifestoes, or party affiliation, identity political formations typically aim to secure the political freedom of a specific constituency marginalized within its larger context,” says the Stanford Encyclopedia of Philosophy, an ongoing research project by the students and faculty at Stanford University.

Although the notion of identity politics took hold during the social movements of the 1960s and ’70s — when liberation and organizing movements among women and various ethic and other identity groups fed a larger liberal democratic surge that targeted war, economic inequity, social injustice, and other issues — it’s also a political approach that has divided the populace.

“One of the central charges against identity politics by liberals, among others, has been its alleged reliance on notions of sameness to justify political mobilization,” says the Stanford Encyclopedia. “Looking for people who are like you rather than who share your political values as allies runs the risk of sidelining critical political analysis of complex social locations and ghettoizing members of social groups as the only persons capable of making or understanding claims to justice.”

Mar explains that the reality of identity politics and whether it’s a factor in the current politics at City Hall is far more complex.

“With me, David Chiu, and Jane Kim as a block of three progressive Asians — and I still define David Chiu as a progressive though I think some are questioning that — we all come out of what I would call a pro-housing justice, transit-first, and environmental sustainability [mindset],” Mar told us. “But I think because of our ethnic background and experiences, we may have different perspectives at times than other progressives.”

For example, Mar said, many working class families of color need to drive a car so they’ll differ from progressives who want to limit parking spaces to discourage driving. He also has reservations about the proposed congestion pricing fee and how it might affect low-income drivers.\

“I think often when progressive people of color come into office — Jane Kim might be one of the best examples — that sometimes there’s an assumption that her issues are going to be the same as a white progressive or a Latino progressive,” he said. “But I think kind of the different identities that we all have mean that we’re more complex.”

Campos, a Latino immigrant who is openly gay, noted that “as a progressive person of color, I have at times felt that the progressive movement didn’t recognize the importance of identity politics and what it means for me to have another person of color in power.”

But, he added, “I don’t think identity politics alone should guide what happens. A progressive agenda isn’t just about race but class, sexual orientation, and other things. It’s not enough to say that identity politics justifies everything.”

University of San Francisco political science professor Corey Cook told the Guardian that identity has always been a strong factor in San Francisco politics, even if it was overshadowed by the political realignment around progressive ideology that occurred in 2000, mostly as a reaction to an economic agenda based on rapid development and political cronyism.

“I’m not sure that identity wasn’t relevant, but it was swamped by ideology,” Cook told the Guardian. Now, he said, another political realignment seems to be occurring, one that downplays ideology compared to the position it has held for the last 10 years. “I’m not sure that ideology is dead. But the dynamics have definitely changed.”

Cook sees what may be a more important change reflected in Chiu’s decision to put the political moderates in control of key board committees. But he said that shift was probably inevitable given the difficulties of unifying the diverse progressive constituencies.

“It’s hard to hold a progressive coalition together, and it’s amazing that it has lasted this long,” he said.

There’s another kind of identity politics at play as well — that of native San Franciscans, who often express resentment at progressive newcomers talking about what kind of city this is, versus those who see San Francisco as a city of immigrants and ideas, a place being shaped by a wider constituency than the old-timers like to acknowledge.

“I’m honored to join Sups. Elsbernd and Cohen in representing the neighborhoods they grew up in,” Sup. Mark Farrell said during his opening remarks after being sworn in Jan. 8., sobbing when he thanked his parents for their support.

As he continued, he fed the criticism of the notion of ideology-based politics that has been a popular trope with Gavin Newsom and other fiscal conservatives in recent years, telling the crowd he wanted “to turn City Hall into a place based on issues and ideas, not ideology.”

Cohen also placed more importance on her birthright than on her political philosophy, telling stories about entering board chambers through the back door at age 16 when she was part of a youth program created by then-Mayor Frank Jordan, and with former Mayor Dianne Feinstein coming to speak at Cohen’s third-grade class. “I am a San Francisco native, and that is a responsibility I take seriously,” said Cohen, who graduated from the Emerge Program, which grooms women for political office,

“We will have another woman as president of the Board of Supervisors, and we will have a woman as mayor of San Francisco,” she added. And as the sole African American on the board, she also pledged, “I will be working to add more members of the African American community to the elected family of San Francisco.”

But what issues she plans to focus on and what values she’ll represent were unclear in her comments — as they were throughout her campaign, despite the efforts of journalists and activists to discern her political philosophy. In her public comments, her only stated goal was to build bridges between the community and City Hall and let decisions be guided by the people “not political ideologies.”

Oftentimes in recent San Francisco history, identity and ideology have worked in concert, as they did with former Sup. Harvey Milk, who broke barriers as the first openly gay elected official, but who also championed a broad progressive agenda that included tenants rights, protecting civil liberties, and creating more parks and public spaces.

Sup. Scott Wiener, shortly after being sworn into office, acknowledged the legacy of his district, which was once represented by Milk and fellow gay progressive leader Harry Britt, telling the crowd: “I’m keenly aware of the leadership that has come through this district and I have huge shoes to fill.”

Yet Wiener, a moderate, comes from a different ideological camp than Milk and Britt and he echoed the board’s new mantra of collaboration and compromise. “I will always try to find common ground. There is always common ground,” he said.

 

GETTING THINGS DONE?

Chiu is making a clear effort to break with the past, and has been critical of some progressive leaders. “I think it’s important that we do not have a small group of progressive leaders who are dictating to the rest of the progressive community what is progressive,” he said.

While he didn’t single out former Sup. Chris Daly by name, he does seem to be trying to repudiate Daly’s leadership style. “I think that while the progressive left and the progressive community leaders have had very significant accomplishments over the past 10 years, I do think that there are many times when our oppositional tactics have set us back.”

When Chiu was reelected board president, he told the crowd that “none of us were voted into office to take positions. We were voted into office to get things done.”

Some progressives were not at all happy with that comment. “I thought that was a terrible thing to say,” Avalos told the Guardian, arguing the positions that elected officials take shape the legislation that follows. As an example, he cited the positions that progressive members of Congress took in favor of the public option during the health care reform debate.

Talking about getting things done is “a sanctimonious talking point that fits well with what the Chronicle and big papers want to hear,” Avalos said. He said the Chronicle and other downtown interests are more interested in preserving the status quo and blocking progressive reforms. “It’s what they want to see not get done.”

Campos even challenged the comment publicly during the Jan. 11 board meeting when he said, “It’s important to get things done, but I don’t think getting things done is enough. We have to ask ourselves: what is it that we’re getting done? How is it that we’re getting things done? And for whom is it that we’re doing what we’re doing? Is it for the people, or the downtown corporate interests? I hope it’s not getting things done behind closed doors.”

Chiu said that, for him, getting things done is about expanding the progressive movement and consolidating its recent gains. “I think we all share a political goal. As progressives, we all share a political goal of getting things done and growing mainstream support for our shared progressive principles so that they really become the values of our entire city.”

To do that, he said, progressives are going to need to be more conciliatory and cooperative than they’ve been in the past. “I think it’s easy to slip into a more oppositional way of discussing progressive values, but I’m really pushing to move beyond that.”

The biggest single issue this spring will be the budget — and it’s hard to know exactly where the board president will draw his lines. “I have spoken to Mayor Lee about the need for open, transparent, and community-based budget processes and he’s open to that,” Chiu told us — and that alone would be a huge change. But the key progressive priority for the spring will be finding ways to avoid brutal budget cuts — and that means looking for new revenue.

When asked whether new general revenue will be a part of the budget solution, instead of Newsom’s Republican-style cuts-only approaches, Chiu was cautious. “I am open to considering revenues as part of the overall set of solutions to close the budget deficit,” he said. “I am willing to be one elected here that will try to make that argument.” But with his political clout and connections right now, he can do a lot more than be one person making an argument.

Chiu has always been open to new revenue solutions and even led the way in challenging the cuts-only approach to both the city budget and MTA budget two years in a row, only to back down in the end and cut a deal with Newsom. When asked whether things will be better this year given his closer relationship to Lee, Chiu replied, “I think things are going to be different in the coming months.”

During the board’s Jan. 7 deliberation on Lee, Sup. Eric Mar also said that based on his communications with Lee, Mar believed that the Mayor’s Office is open to supporting new revenue measures. He echoed the point later to us.

In addition to supporting the open, inclusive budget process, Mar called for “a humane budget that protects the safety net and services to the most vulnerable people in San Francisco is kind of the critical, top priority.

“I think it’s going to be difficult working with the different forces in the budget process,” he added. “That’s why I wish it could have been a progressive who was chairing the budget process.”

Mar said progressive activism on the budget process is needed now more than ever. “The Budget Justice Coalition from last year I think has to be reenergized so that so many groups are not competing for their own piece of the pie, but that it’s more of a for-all, share-the-pain budget with as many people communicating from outside as possible, putting the pressure on the mayor and the board to make sure that the critical safety net’s protected.”

 

CUTS WILL BE CENTER STAGE

But major cuts — and the issue of city employees pay and benefits — will also be center stage.

At the board’s Jan. 11 meeting, before the supervisors voted unanimously to nominate Lee as interim mayor, Sup. Elsbernd signaled that city workers’ retirement and health benefits will once again be at the center of the fight to balance the budget.

Elsbernd noted that in past years he was accused of exaggerating the negative impacts that city employees’ benefits have on the city’s budget. “But rather than being inflated, they were deflated,” Elsbernd said, noting that benefits will soon consume 18.14 percent of payroll and will account for 26 percent in three years.

“Does the budget deficit include this amount?” he asked.

And at the after-party that followed Lee’s swearing-in, Public Defender Jeff Adachi, who caused a furor last fall when he launched the ill-considered Measure B, which sought to reform workers’ benefits packages, told us he is not one to give up lightly.

“We learned a lot from that,” Adachi said. “This is still the huge elephant in City Hall. The city’s pension liability just went up another 1 percent, which is another $30 million”

Chu agreed that worker benefits would be a central part of the budget-balancing debate. “Any conversation about the long-term future of San Francisco’s budget has to look at the reality of where the bulk of our spending is,” she said.

Avalos noted that he plans to talk to labor and community based organizations about ways to increase city revenue. “I’m going to work behind the scene on the budget to make sure the communities are well-spoken for,” Avalos said, later adding, “But it’s hard, given that we need a two-thirds majority to pass stuff on the ballot.”

Last year, Avalos helped put two measures on the ballot to increase revenue: Prop. J, which sought to close loopholes in the city’s current hotel tax and asked visitors to pay a slightly higher hotel tax (about $3 a night) for three years, and Prop. N, the real property transfer tax that slightly increased the tax charged by the city on the sale of property worth more than $5 million.

Prop. N should raise $45 million, Avalos said. “I’ve always had my sights set on raising revenue, but making cuts is inevitable.”

 

THE IDEOLOGY ARGUMENT

Newsom and his allies loved to use “ideology” as a term of disparagement, a way to paint progressives as crazies driven by some sort of Commie-plot secret agenda. But there’s nothing wrong with ideology; Newsom’s fiscal conservative stance and his vow not to raise taxes were ideologies, too. The moderate positions some of the more centrist board members take stem from a basic ideology. Wiener, for example, told us that he thinks that in tough economic times, local government should do less but do it better. That’s a clear, consistent ideology.

For much of the past decade, the defining characteristic of the progressives on the board has been a loosely shared urban ideology supported by tenants, immigrant-rights groups, queer and labor activists, environmentalists, preservationists, supporters of public power and sunshine and foes of big corporate consolidation and economic power. Diversity and inclusiveness was part of that ideology, but it went beyond any one political interest or identity group.

It was often about fighting — against corruption and big-business hegemony and for economic and social equality. The progressive agenda started from the position that city government under Brown and Newsom had been going in the wrong direction and that substantive change was necessary. And sometimes, up against powerful mayors and their well-heeled backers, being polite and accommodating and seeking common ground didn’t work.

As outgoing Sup. Daly put it at his final meeting: “I’ve seen go-along to get along. If you want to do more than that, if you think there’s a fundamental problem with the way things are in this world, then go-along to get along doesn’t do it.” When Chiu announced that the new progressive politics is one of pragmatism, he was making a break from that ideology. He was signaling a different kind of politics. He has urged us to be optimistic about the new year — but we still don’t know what the new agenda will look like, how it will be defined, or at what point Chiu and his allies will say they’ve compromised and reached out enough and are ready to take a strong, even oppositional, stand. We do know the outcome will affect the lives of a lot of San Franciscans. And when the budget decisions start rolling down the pike, the political lines will be drawn fairly clearly. Because reaching across the aisle and working together sounds great in theory — but in practice, there is nothing even resembling a consensus on the board about how the city’s most serious problems should be resolved. And there are some ugly battles ahead.

Class of 2010: Scott Wiener

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rebeccab@sfbg.com

Scott Wiener, who is 40, gay, soft-spoken, and remarkably tall, seems to have made an impression on voters with his successful campaign for District 8 (the Castro, Noe Valley) supervisor. On a recent Wednesday afternoon, several patrons of a Market Street café stopped to say hello and congratulate him. “I saw millions of signs about you!” one exclaimed.

A deputy city attorney, Wiener claimed one of the most decisive victories among contenders vying for seats on the San Francisco Board of Supervisors. He’s more fiscally conservative than Rafael Mandelman, who was his progressive opponent in the race, and is more in step politically with Mayor Gavin Newsom than San Francisco progressives. Yet Wiener stressed to the Guardian that he should ultimately be viewed as an independent thinker. “For me, it’s about having mutual respect for everyone,” he said. “Even if you disagree on some issues, and even if you disagree on a lot of issues, you can always find areas of agreement.”

Asked about his priorities in office, Wiener put public transit at the top of the list. Over the next few decades, the population of San Francisco and the Bay Area will dramatically increase, he said. “And at the same time, we’ve been underfunding public transportation, and particularly our roads. It could potentially be a catastrophe if we’re not able to not just keep the system as it is, but actually expand it. That is a really big priority.” To raise money for Muni, he doesn’t support extending parking meter hours, but does support a local vehicle license fee. There’s some question surrounding that prospect since California voters approved Proposition 26, which requires a two-thirds majority vote for fees. But Wiener said he wanted to be involved in efforts to implement a VLF in San Francisco.

Another priority is finding ways to stimulate job growth. He approves of the city’s move to use a tax credit for biotech industry businesses as a means of encouraging job creation, but said that mechanism should be used sparingly since it creates a revenue hole. Instead, Wiener said he was more in favor of looking at payroll-tax reform — but only if it doesn’t result in a tax increase.

Wiener also places importance on supporting the city’s Entertainment Commission and preserving San Francisco’s vibrant nightlife. “That’s an issue that I’ve always worked on and I’ll be speaking at [the California Music and Culture Association] next Friday, which I’m hoping will become a really effective voice for that community,” Wiener noted. “It needs a really unified and strong voice. and I want to make sure that we are really prioritizing having a vibrant nightlife and outdoor festival scene, and that we’re not blaming the entertainment community for societal ills like gun violence.” He also mentioned bolstering the Entertainment Commission’s budget.

But might that pro nightlife stance place him at odds with the San Francisco Police Department? “In some ways, I’m from a public-safety background,” he said in response. “I’ve been involved in a lot of safety issues on a neighborhood level. I’ve worked closely with SFPD and I am supportive of Chief [George] Gascon. In a way, I think that gives me some credibility.”

Speaking of working closely with people, whom does Wiener see himself forming alliances with on the new board? “I definitely have a great relationship with Sean Elsbernd and Carmen Chu, and I will be working closely with them. But I don’t agree with them on everything,” he said. Board President David Chiu and Sup. David Campos were both his classmates at Harvard, he noted, so he feels confident in his ability to work with them even if they don’t always see eye to eye. “One thing I see about this board that I’m optimistic about is that I think it’s going to be a more collegial board,” he added.

On the question on everyone’s mind — who will succeed Mayor Gavin Newsom to serve as the interim mayor? — Wiener said he thinks the best idea is to appoint a caretaker mayor. “Next year’s going to be really hard year,” he said and a caretaker mayor could “help make some really hard choices that need to be made. I may not like all of those choices, but they can do something that someone who’s a brand new mayor seeking reelection may be timid about doing.”

Who might he support if the new board selects the successor mayor? “There are some really solid names that have been bandied about, like [San Francisco Public Utilities Director] Ed Harrington or [Sherriff] Mike Hennessey,” he replied.

Wiener’s going to be mostly a fiscal conservative when it comes to the budget. Any new revenue, he said, “should be very policy-based,” for example transit-oriented instead of raising business taxes.

And he has plenty of cuts in mind, including “the way we contract for nonprofits,” looking at shared overhead, and consolidation. He also said that “we need to continue moving forward with pension and benefit reform [and] aggressively address overtime in all departments.” And what can voters expect from Sup. Scott Wiener that’s different from Sup. Bevan Dufty, a mayoral hopeful who currently represents D8? Wiener didn’t go too far out on a limb on that one. “There have been some tenant issues that Bevan voted against and I supported,” he said. “We’ve had times where he’s been to my left, or I’ve been to his left, but I can’t speculate as to the future. It’s going to be case by case.” *