• No categories

Politics Blog

Supervisors propose increased funding for youth services

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

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

When a mentor interacts with youth aging out of foster care, Mejia said, “you don’t know what that young person is going through.” He himself had the experience of turning his life around as a young person after growing up in a violent household; he credits publically funded programs for at-risk youth with supporting his transformation.

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

The culmination of that effort was today’s introduction at the Board of Supervisors of a suite of new proposals to support youth programs, including a pair of charter amendments that will appear on the November ballot.

The first, sponsored by Sup. John Avalos with Sups. David Campos, Malia Cohen, Jane Kim, Norman Yee, and London Breed as cosponsors, would renew the existing Children’s Fund, renaming it the Children and Youth Fund, and increasing the property-tax set-aside that supports it from three cents per $100 of assessed valuation to five cents.

Throughout the room at a press conference held in City Hall today with members of the Board and a coalition of youth advocates, attendees sported hats with neon stickers that read: “Our kids are worth two cents.”

As part of this measure, funding would be designated for programs set up to aid “disconnected transitional-aged youth,” including homeless or disabled youth, unmarried parents, those who identify as LGBTQ or are aging out of foster care, and other specified categories. The amendment would also create a Commission on Children, Youth, and Their Families, to oversee the Department of Children Youth and their families.

“At the end of this process, I hope to have the support of eleven members of the board,” Avalos noted. However, members of the Board of Supervisors who are sponsoring the legislation have already received from pushback from Mayor Ed Lee, who has reportedly been pressuring supervisors not to support Avalos’ measure. (Lee’s press office did not return a call seeking comment.)

“As we all know, San Francisco is experiencing incredible economic activity,” Avalos said at this afternoon’s press conference. “We’re experiencing growth and speculation that is lifting many boats, but not lifting all boats. And some of the people who are not doing so well are children and families – we’ve seen a decline in our population of families with children, over the past few decades, and it’s time that we … put the resources forward that are going to make it possible for San Francsicans and families to find affordability here.”

A second, closely related charter amendment, carried by Sup. Jane Kim with Yee as a cosponsor, would renew the Public Education Enrichment Fund, eliminate its expiration date, and provide for universal access to early childhood education for kids between three and five years instead of starting at age four.

The Public Education Enrichment Fund and the Children’s Fund, created after being placed on the ballot in 1991, currently set aside over $100 million for children and youth in San Francisco. The funding sources would sunset if action were not taken to extend them.

Will San Francisco Game of Thrones oust police commissioner?

11

Police Commissioner Angela Chan did not pay fealty to the proper lords and houses, sources say, and in a true to life Game of Thrones, she may now lose her office. The throne in question is a seat on the Police Commission, which Chan may be reappointed to by the Board of Supervisors today [Tues/29], but her chances don’t look good. 

In a political tussle reminiscent of House Lannister’s schemes against House Stark, political machines far larger than the idealistic Chan are churning to keep her from regaining her political office. The forces of Chinatown community leader Rose Pak and her fellow power brokers are backing potential replacement police commissioner Victor Hwang, whose sudden candidacy took many off guard. 

As first reported by Tim Redmond of 48hills.org, Pak’s political pushers dialed every supervisor and marshalled their armies, hellbent on unseating Chan. 

They may win, but not because Chan was a bad commissioner. Actually, the problem might be that she was too effective, and now people in power want her out.

Expanding the mayor’s power

In a Rules Committee meeting Apr. 17, backers of both candidates wore their house sigils, green or white buttons meant to support their chosen candidate, both of whom are seemingly very qualified.

On the one side, Hwang is an ex-assistant district attorney, ex-public defender, ex-nonprofit attorney, and advocate with over 20 years of experience holding police to task for their wrongdoing. He’s fought human trafficking and litigated against out-of-control cops. 

But the incumbent, Chan, an attorney with the Asian Law Caucus, has many similar qualifications. She also has a proven track record on the Police Commission: she crafted the Crisis Intervention Team, tasked with de-escalating standoffs with mentally ill offenders; advocated language access in the police force; helped to revise rules protecting children at school facing arrest; and opposed arming police with tasers.

Both candidates have an extensive list of backers. District Attorney staffers, the Anti-Defamation League, advocates from the Chinatown Development Center, and Randy Shaw of the Tenderloin Housing Clinic all wrote to supervisors backing Hwang. The Guardian even named him a “local hero” in our Best of the Bay issue in 2004.

But the Coalition on Homelessness, San Francisco Women’s Political Committee, members of the Central Americans Resource Center, Board of Education President Sandra Fewer, the local NAACP, and even a retired police officer all backed Chan. The Guardian also named her a local hero, in 2010. 

A change.org petition calling for her reappointment to the commission has 255 signatures, as of this writing. 

Chan hasn’t yet given up the ghost.

“I’m hoping the full board will recognize I work extremely hard,” she told the Guardian. “I look after the community, especially those who are most marginalized.”

Though many issues have political bents and political sides, one aspect of this tussle reveals the power play behind the curtain: the two candidates are competing for one empty seat on the commission, when there are actually two seats vacant.

Why fight over just one seat? 

The answer lies in political motivations insiders would only outline for reporters on background. You see, in a city where many commissions (see: SFMTA) are fully appointed by the Mayor’s Office, and therefore beholden to his whims, the Police Commission has a mechanism to dilute that power — a minority of seats are appointed by the Board of Supervisors. The seat Chan and Hwang are fighting for is the supervisor appointed seat, and for now the mayor’s seat sits empty and uncontested.

Hwang was co-chair of Progress for All, which ran the Run, Ed, Run campaign for Lee’s mayoral candidacy. If the question was really just about making Hwang a commissioner, the mayor could appoint him today with a snap of his fingers. But that’s not the point.

Many insiders, including ones that seemingly support Hwang, told the Guardian that Mayor Ed Lee has plenty of reason to usher Chan out and appoint Hwang in her place. The SFPD long pushed for tasers but found a formidable opponent in Chan, and the mayor would benefit from police support next election, they said. Others said her combative style ruffled people’s feathers, a seemingly legitimate complaint until you consider more cooperative boards like the San Francisco Municipal Transportation Agency define “cooperative” by mostly voting in unison and with little discussion, coincidentally also often in agreement with the mayor’s positions.

Angela Chan asks an SFPD station captain if officers use verbal means to de-escalate situations. 

That’s why Chan is dangerous; she’s a freethinker, and a loud one at that. By pushing the supervisors to appoint Hwang, we were told, the mayor would unseat a potential political liability, and net a freebie commission seat appointment in the deal. 

Win-win.

This isn’t to say Hwang is a bad guy. He longs for public service (nicknaming his practice the Ronin Law Firm), and expressed disappointment in political power struggles beyond his control.

“For me it’s not about Angela, it’s about the police commission,” he told the Guardian. “To give Angela credit, I think the work she’s done on Crisis Intervention Team and language access are important issues.”

And for his part, he said that though many political entities aligned with political powerbroker Rose Pak are pushing for his appointment, he wouldn’t be beholden to her, or them.

“Are Chinatown issues important to me? Yes, they’re very important to me,” he said. “Am I going to answer to one or two folks just because of whoever they are? No. That would be putting my own 20 years of work aside to kowtow to one particular person over anyone else.”

Hwang told us Supervisor Eric Mar is asking the mayor to appoint him to the second vacant police commission seat, but if that effort isn’t successful Chan and Hwang will go head to head.

So the supervisors have a tough choice ahead of them, but for some, the decision is tougher than others.

Conflict of interest

Some of the supervisors have votes that are fair to guess at. Long time progressives like Sups. Mar, John Avalos, and David Campos are ideologically aligned with Chan, and have reason to vote in her favor. 

Chan needs six votes to be re-appointed to the commission, and some of those votes are up in the air.

Sups. Norman Yee, and Katy Tang voted to approve Chan in the Rules Committee, the first round before today’s Board of Supervisors vote. But that’s no guarantee they’ll vote for her again. 

Sup. Jane Kim has an odd conflict of interest. Ivy Lee, an attorney and one of Kim’s staffers, is Hwang’s romantic partner. The couple has three children together. He dedicated a brief he wrote for the Asian American Law Journal, “to my incredible partner Ivy Lee, who gave birth to our second son Kaiden, as I was writing the brief at the hospital.”

Is that conflict of interest grounds for Kim to recuse herself from the vote? Is it proper for her to vote to appoint her staffer’s partner to a political position? We reached out to Kim’s office but did not hear back from her before going to press. 

Board of Supervisors President David Chiu’s vote is also an open question. 

Chiu worked with Chan in 2011 to fight against the federal Secure Communities program, which as we then reported, was a database allowing the feds to circumvent local policies protecting local immigrants who have been arrested but not convicted of any crimes and deport them.

They were partners in the struggle for human rights. So will Chiu back his former ally, Chan, in her re-appointment?

We called, texted, and harangued Chiu to call us back, but did not hear from him before press time. To be fair, he’s running for the Assembly and was likely between one of his dozens of necessary appearances. He did have an aide call us back, but he was unable to give us a hint at which direction Chiu may vote in. 

Complicating his choice is a mix of allegiances. With so many former and current allies on both sides, Chiu will make someone angry no matter which potential police commissioner he votes for, insiders told us. 

And Chiu’s vote may be the deciding one. With real reform of the SFPD on the line, the stakes are higher than the fictional Game of Thrones.

Ultimately, Chiu will have to vote his conscience. 

Correction 3:28pm: The article earlier identified Ivy Lee as married to Victor Hwang. In actuality, Hwang and Lee are romantic partners who decided not to marry in direct protest of the LGBT community being denied the right to marry.

Update 6:50pm: The vote was cast, and Victor Hwang was appointed to the Police Commission in place of Angela Chan. Read our full story.

Bill would tax companies with wide CEO-worker pay disparities

60

California companies pouring big cash on their CEOs may be forced to tighten the spigot under a new bill that seeks to limit CEOs paid excessively at the expense of their workers.

Senate Bill 1372, authored by state Sens. Mark DeSaulnier (D-Concord) and Loni Hancock (D-Oakland), would increase taxes on companies with wide disparities between CEO and worker pay, and give a tax break to companies with a low ratio between CEO and worker pay.

“History has taught us that the gross disparity between CEO and worker pay is a direct threat to American democracy,” DeSaulnier said in a press statement. “It is unsustainable and a danger to our society. We must focus on restoring the middle class and stop fueling excessive income inequality.”

The pay-disparity bill cleared the Senate and Governance Finance Committee last Friday, and is headed to the Senate Appropriations Committee.

Local tech companies have much reason to fear the bill. Larry Ellison, CEO of the Redwood City-based Oracle, was paid 1,287 times the median salary of an Oracle employee in 2012, according to a Bloomberg study. Ellison pulled in $96.2 million in 2012, and the median employee working for his company brought in $74,693.

That’s less pay gap, more pay canyon. Former Secretary of Labor Robert Reich, a professor at UC Berkeley and a supporter of the pay-disparity bill, connected CEO pay with our troubled economy.

“This growing divergence between CEO pay and that of the typical American worker isn’t just wildly unfair. It’s also bad for the economy,” Reich wrote on his website last week. “It means most workers these days lack the purchasing power to buy what the economy is capable of producing — contributing to the slowest recovery on record. Meanwhile, CEOs and other top executives use their fortunes to fuel speculative booms followed by busts.”

The pay-disparity bill would lower taxes on companies with CEOs making less than 100 times more than its median employee. The tax rate for the company would be metered on a scale of CEO-to-worker pay ratio, with the highest penalties for companies paying their CEOs more than 400 times their median employee pay.

The bill also targets non-salaried independent contractors, a significant portion of the state’s workers.

Many local companies have wide pay gaps between CEOs and workers. In 2012, Apple had a CEO:worker pay ratio of 192:1, Wells Fargo had a ratio of 186:1, and Intel squeaked by with a ratio of 99:1, according to PayScale.com.

The PayScale.com study only looked at non-stock compensation. CEOs are often paid in stock and other bonuses, a significant part of their earnings. In lieu of this, recently many CEOs jumped on the $1 salary bandwagon, including Google CEO Larry Page. Ellison took home a single dollar for his salary in 2013, according to CNN Money.

This seemingly forward-thinking gesture is a good PR move, but in reality CEOs still take home millions of dollars in stocks, options, and bonuses. Page owned more than 24 million shares in Google as of 2013, for instance. Ellison took in $92.2 million in stocks, options, and other pay in 2013.

Luckily, that’s a loophole that DeSaulnier and Hancock considered when crafting the bill.

The bill would calculate executive compensation based on the Summary Compensation Table the company in question reports to the Securities and Exchange Commission. That includes salary, bonus, grants of stock options and stock appreciation rights, long-term incentive plan awards, pension plans, and employment contracts and related arrangements.

In 2012, the average CEO pay in California was $5,054,959, according to a statement from DeSaulnier, while the median worker pay in California was $48,029.

Below is a series of graphs detailing local Bay Area CEO and worker pay disparities, as of 2012.

New coalition opposes Chiu’s Airbnb legislation UPDATED

28

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

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

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

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

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

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

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

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

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

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

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

For Immediate Release: 
Monday, April 28, 2014

NEWS RELEASE

SAN FRANCISCO CITYWIDE COALITION SAYS NO 
TO PROPOSED CHIU LEGISLATION

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

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

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

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

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

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

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

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

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

Fires on Ocean Beach limited and studied by GGNRA, which considers ban

84

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

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

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

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

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

In announcing the change, the GGNRA seems to admit that it didn’t do the follow-ups it had committed to: “The intent was to evaluate the program in 2009 and make a long term decision for fires on the beach. However, due to staffing shortages the 2009 review did not occur until 2013. Since 2009, the program continued as it had been originally developed in 2007. Maintenance staff continued to clean the pits and the beach, removing pits that became hazardous or non-functional, and Park Rangers continued to educate visitors engaging in beach fires and to enforce the existing regulations.” 

GGNRA has set a short comment window for this new policy, from April 21 to May 16, before implementing the change starting Memorial Day Weekend. Send comments to Frank Dean, General Superintendent, Golden Gate National Recreation Area, Building 201, Fort Mason, San Francisco, CA 94123-0022. Then the agency says it will decide at the end of the summer how the situation is working out and whether it needs to resort to the outright ban that it had considered in 2007.

Meanwhile, in addition to trying to work cooperatively with the agency, Price said would also resist the unilateral new changes, saying the 9pm curfew is particulalry absurd: “I’m inviting all my friends down to Ocean Beach at 9pm on Memorial Day to have some s’mores.”

Piketty discusses Capital and inequality in San Francisco

24

French economist Thomas Piketty got a warm welcome in San Francisco last night [Tues/22] when nearly 200 people turned out to hear him discuss what is fast-becoming the defining book of this new Gilded Era of escalating disparities in wealth: Capital in the 21st Century.

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

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

Piketty’s work shows how when the return on capital is greater than the annual growth rate of the overall economy, which is usually the case (except when interrupted temporarily by the major wars of the 20th Century, or the 90 percent tax rate on the highest US incomes after World War II), that dynamic consolidates wealth in ever-fewer hands, which is bad for the health of the economic system.

The only real cure, Piketty concludes, is a progressive global tax on wealth. Yet Piketty tries to avoid being too prescriptive, choosing to let his research speak for itself. “All I’m trying to do is present this book so everyone can make up his own mind,” Piketty told the gathering. In fact, he thinks the cure he outlines at the end of his book is less important than what comes before it: “You can disagree with everything in Part IV and still find interest in Parts I, II, and III.”

Piketty is critical of his economics profession for focusing too much on abstract theories and mathematical modeling while avoiding the real world calculations of how wealth is distributed and its implications, which he says should be the central question for economists.

He says wealth is more important than income to gauging how we live, which is why he has culled and analyzed most available gauges of global wealth distribution going back to the French Revolution of 1789. “The book is trying to shift the discussion from the study of income to the study of wealth,” he said.

That analyis is particularly illuminating for the United States, which is now experiencing one of the most rapid and extreme consolidations of wealth in history. “It is clear the rise of inequality in the US has been much more spectacular than in Europe,” he said.

Yet Piketty can’t bring himself to criticize capitalism itself, even as his work makes clear this inherent flaw in the system. Indeed, he writes critically of the “lazy rhetoric of anticapitalism” and declares in the book’s introduction, “I have no interest in denouncing inequality or capitalism per se.”

I asked Piketty about that point and about why he’s unwilling to support calls for a more fundamental transformation of the global economic system. He repeated points made in his book about coming of age during the fall of communism in 1989, feeling no sympathy for autocratic leftist regimes, and accepting private property as a basis for the economic system.

I pressed him with follow-up questions about how global warming and other externalities of capitalism seem to be call for new economic models, but he resisted going anywhere that might be seen as ideological. That didn’t play well with the San Francisco audience — indeed, about a dozen people came up to me afterward to compliment my line of questioning — but it has probably helped innoculate Piketty against criticisms that might undermine the impact of his work.

In fact, Capital in the 21st Century seems to destroy many of the faith-based economic fallacies that drive much of the political discourse in the US, from our persistent belief in trickle-down economics to the obsession with our national debt, which conservatives use to promote austerity measures that punish the poor.

Such austerity agendas don’t make sense to Piketty, who says they won’t work now any better than the did in 19th Century Great Britain, which funded its wars with public debt rather than higher taxes, thus devoting too much of the national income to paying interest to the wealthy bond holders.

“A progressive tax on public wealth is a better way to reduce public debt at a faster pace,” Piketty said in the same matter-of-fact style that he uses to apply data-driven analysis to controversial political realms. “I believe in progressive taxation of wealth, but that requires coordination among countries.”

Similarly, Piketty says he is not daunted by the political difficulties in implementing a global tax on wealth, which seems all but impossible to most political observers.

“I’m not terribly impress by people who say this can’t happen,” Piketty said of his proposed global tax on wealth, noting how the conventional thinking used to be that a progressive income tax, like the one adopted in the US in 1913, could never happen. “I am not as pessimistic as a lot of people seem to believe.”

Lawsuits go after SF landlords doing illegal short-term apartment rentals

20

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

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

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

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

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

The lawsuits allege violations of the city’s Planning and Administrative codes, as well as the state’s Unfair Competition Law, targetting 3073-3075 Clay Street, owned by defendants Darren and Valerie Lee; and 734 and 790 Bay Street, which is owned or managed by defendants Lev, Tamara and Tatyana Yurovsky (founder of SRT Consultants).

Guardian calls to both parties were not immediately returned, but we’ll update this post if and when we hear back. Tobener tells the Guardian that the San Francisco Tenants Union hired him to discourage local landlords from removing units from the market.

“The San Francisco Tenants Union is just fed up with the loss of affordable housing,” Tobener told us. “It’s not about the money, it’s about getting these units back on the market.”

The San Francisco Apartment Conversion Ordinance prescribes penalties of $1,000 per day for units rented out for less than 30 days. That now applies to buildings with four or more units, although Chiu’s legislation would lower that to buildings with two or more units while legalizing such rentals and requiring host to register with the city and live in the units for at least 275 days per year, meaning rentals would be limited to 90 days per year.

Tobener’s lawsuits list 210 violations in the 20 units it targets, seeking fines totaling $210,000. But he emphasized that money is not the issue: “The San Francisco Tenants Union doesn’t care about the penalties, they just want to put the message out that we’re going after landlords who do this and we want those units returned to the market.”

SF may go through Marin County to bypass CleanPowerSF subversion

106

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Waterfront height-limit proponents praise Warriors arena move

46

In another waterfront win, the Golden State Warriors have backed off their original arena site to another spot by the bay. 

Multiple news outlets are reporting the proposed Warriors arena is moving from its contentious and hotly debated waterfront location at Piers 30-32 to what is now the home of Salesforce, in Mission Bay, a move praised by opponents of height-exceeding waterfront devleopment.

The story was first reported by Joe Eskenazi of the SF Weekly, and within the hour the Chronicle and San Francisco Business Times reported the move as well. 

The Warriors’ original proposed arena site drew almost as much fire as the 8 Washington luxury condo waterfront project, which was overwhelmingly rejected by voters last November. Those against 8 Washington, and against the original Warriors site, argued that voters should have the right to weigh in on projects that exceed height limits on the waterfront.

Advocates against both waterfront projects praised the Warriors’ move.

“The Warriors have shifted to a smarter alternative because the people, not just the politicians, became involved in the process,” said former mayor Art Agnos, in a press statement. “Passing Prop. B is the next step to ensure that every other waterfront developer understands that the voice of the voters matters.”

Becky Evans, Sierra Club Bay Chapter Chair, evoked the imagery used to garner opposition to 8 Washington in her praise of the move. “We thank the Warriors,” she said, “for abandoning their wall on the waterfront.”

Yet the bid to protect the public’s views the bay doesn’t end at the Warriors’ arena

Yes on B is a June ballot initiative which would require waterfront projects exceeding height limits to seek voter approval. And importantly, the Warriors’ arena is only one of three height-limit exceeding properties currently proposed for the waterfront. Two additional projects are a large housing and retail site proposed by the San Francisco Giants at Pier 48/Seawall Lot 337 and a mixed use office, residential, and retail project by Forest City at Pier 70. 

The reasons behind the Warriors’ arena move are still as of yet unclear, and we were unable to reach Warriors spokespeople before press time. Sources close to the project however indicated the motivation behind the move is likely the obvious one: they didn’t want to deal with the headache of fighting the opposition.

Salesforce recently announced a move to the new Transbay Tower in 2017, potentially leaving their site in Mission Bay vacant. The Warriors’ arena move to the old Salesforce site represents a compromise it appears Mayor Ed Lee is happy to accept.

I couldn’t be more thrilled to welcome the Golden State Warriors back home to San Francisco with a brand-new, privately-financed arena in Mission Bay,” Lee wrote in a statement earlier today. “The new Mission Bay arena will generate new jobs and millions of dollars in new tax revenue for our City.”

Jon Golinger, Campaign Co-Chair of No Wall on the Waterfront, viewed the news as a victory.

“When the public gets involved with deciding the future of our waterfront we get better results,” he wrote in a press statement. “Passing Prop B is the only way to be sure that other crazy Port Commission schemes like the Giants’ plans to build 380 foot tall towers for luxury condos on waterfront open space, zoned for a public park, also gets the public scrutiny needed to turn them into sensible projects worthy of our unique waterfront.”

City College special trustee restores public comments, meetings

8

Protests against City College of San Francisco’s leadership trumpeted grave concerns in the college community over the lack of public voice at the school. Now, some of those concerns have been resolved, and the beleagured CCSF is taking baby steps towards restoring democracy.

Special Trustee Robert Agrella announced via mass email today the return of public comment to City College board meetings, and, well, actual meetings. Local college officials praised the move as a step in the right direction.

“Perhaps the restoration of some level of openness will make people feel their voices are being heard,” said Fred Teti, the college’s Academic Senate president. The school’s senate only yesterday passed a resolution urging Agrella to restore public comment, Teti said, and with good reason.

Though the mention of board meetings may be elicit a shrug or a snooze for some, for City College students the right to speak out publicly to school leaders was important enough to be jailed over. Only last month, hundreds of student and faculty protesters stormed the school’s administrative building, and in the violent clash with SFPD and City College Police, one student was pepper-sprayed and another punched in the face.

Both were jailed afterward, and one of the students said all he wanted was a dialogue.

“We just want to have a conversation with Bob Agrella,” Dimitrious Phillou said in a video interview with the college’s newspaper, The Guardsman. “It’d be nice if he would talk to us, like a real human.”

And changes to City College are coming spitfire-fast. After they got word from their accreditors that they may close in July of this year, the school has scrambled to reshape classes offered at the school to meet the requirements, and vision, of their accreditors. Agrella was appointed by the state to take the place of the college’s duly-elected Board of Trustees — and therein lies the issue.

Not everyone agreed with the board, and many members through the years have been accused of laziness, incompetence, and worse. But at the very least, the college community had a monthly opportunity at public meetings to tell the board what was right and what was wrong, leading to many decisive turnarounds: budgets amended, classes saved, services restored or cut.

It was an imperfect process, but at least a forum existed to give the public the right to address their officials in full view of the public. Under Agrella, no such forum existed.

Student and faculty shout “let them speak!” at a City College board meeting.

When Agrella took over the powers of the board, the idea was to expedite decision-making in order to save the college. But this meant an end to the meetings. Though he posts the agendas for his decisions online, he held no public meetings, and only solicited “public comment” via email, which many rightly noted were not public at all.

Apparently these meetings are happening in the special trustee’s head,” Alisa Messer, the City College faculty union president told the Guardian in our story, “Democracy for None [3/18].” “No one agrees that [email] comment is public.”

That will change April 24. Agrella will hear public comments at 4pm at City College’s main campus in the Multi Use Building, Room 140. Unlike meetings of City College’s full board, Agrella’s public comment session will not be televised or audio recorded. When we asked why, college spokesperson Peter Anning said he would look into it. 

Anning added that Agrella did issue one warning. He was very clear that this was going to follow board policy which will require civil discourse,” Anning said in a phone interview. “That’s been an experience in the past, where people have gotten belligerent. He said he won’t tolerate that.” 

California Community College Chancellor’s Office spokesperson Larry Kamer said Agrella’s decision to restore public comment was a practical one.

I think Bob is a problem solver, he’s a practical guy,” Kamer said. “If there was concern and discontent about public comment, I think he just wanted to deal with it before it became a problem.”

Messer applauded the decision as a step in the right direction, but cautioned that it was a small step in terms of restoring City College’s democracy. 

“Of course, at any moment Dr. Agrella could — and should — restore actual board meetings,” she told us. “He could even include the voice of the voters by convening our publicly elected Board of Trustees.”

The Board of Supervisors unanimously passed a resolution last month urging Agrella to do exactly that. 

The resolution sends a very clear message about the importance of restoring democratic decision making at City College,” Sup. David Campos told the SF Examiner.

But, as Teti told the Guardian, sometimes you need to recognize that victories come incrementally. 

Thinking Agrella would restore the Board of Trustees, video airing of public comment and full meetings all at once is perhaps a stretch, he said, “That’s the pie in the sky idea.”


Tale of two tech titans

19

San Francisco Magazine just published an intriguing interview with Salesforce CEO Marc Benioff, and Benioff’s attitude and approach to San Francisco seems to be a striking contrast to the city’s other top tech titan, venture capitalist Ron Conway, who we profiled over a year ago.

While Conway burst onto the political scene a few years ago with a pledge to destroy the progressive movement in San Francisco, sponsoring Mayor Ed Lee and his allies as the main vehicle for those ambitions, Benioff is a San Francisco native who seems to understand this city’s values and accept the responsibilities that come with great wealth and power.

“I say, if you want to be in this city and take advantage of all this great infrastructure—our mass transit, our schools, our hospitals, the safety and stability that we have—then also give back. These are the table stakes for doing business here. This is not a new idea,” Benioff told San Francisco Magazine Editor Jon Steinberg in this extended Q&A.

The news peg for the article was a new Benioff initiative in which he’s asking local tech companies to contribute $500,000 each to Tipping Point Community, which funds local community service programs, an effort that Benioff calls SF Gives.

“The first person I called was Ron Conway. I said, ‘Ron, what we’re going to do is get companies to give $500,000, and I’m going to raise $10 million, and we are going to give back to S.F. en masse with money from organizations, not just individuals.’ He said, ‘This is never gonna work. I run sf.citi [a political advocacy group for 500 local tech companies], and people won’t even pay their dues. You’re not going to raise millions of dollars,’” Benioff told the magazine.

The difference is that Conway is pushing an aggressive political agenda, seeking business tax breaks and special treatment from City Hall for the companies he’s invested in while being tone-deaf to the political backlash it’s causing in San Francisco, one that Benioff acknowledges and says the industry must address.

“Because this is not about any political agenda. It’s not. It’s about pure-play philanthropy: giving back to nonprofits and NGOs that can make a difference in S.F,” was how Benioff answered the question about why companies are more willing to donate to SF Gives than sf.citi.

As we documented in our profile of Conway, this guy is a old school conservative with a history of right-wing politics who conveniently dropped his Republican Party affiliation when he arrived in San Francisco pushing an aggressive pro-business agenda.

As we wrote in our article about an event seven years ago when Conway burst onto the scene and declared his intentions: “’This guy stood up and said that we have to take the city back from the progressives,’ [former Mayor Art] Agnos told us. ‘I barely knew who he was. I’ve been in San Francisco since 1966, and here he comes telling us what to do.;”

To understand this tale of two tech titans, contrast that approach with this comment from Benioff: “It’s a city of innovation, of flamboyance, of transformation, and during boom times, S.F. always changes and evolves. But tied into that has always been generosity: the Haas family, the Hellmans, the Fishers, the Shorensteins. During every one of these boom times, the people who benefited the most were also giving back the most. But this time around, we haven’t been able to talk about a broad philanthropic effort to couple with the growth. So this seemed like a great opportunity.”

Police radio dispatch from Alejandro Nieto shooting raises new questions

Police radio dispatch records from March 21, the night Alejandro Nieto was gunned down in Bernal Heights Park by San Francisco Police Department officers, had been withheld from the public, journalists, and attorneys – until San Francisco reporter Alex Emslie obtained copies of those records via Broadcastify.com and published them on KQED’s website.

The radio dispatch files offer a rare, behind-the-scenes glimpse of what occurred in the moments leading up to the officer-involved shooting, which has generated tremendous controversy in recent weeks.

Friends and supporters of Nieto have led marches to protest the shooting and are planning ongoing events to keep the pressure on. The SFPD’s account of the incident is that officers opened fire in defense of their own lives because Nieto pointed a Taser at them, causing them to believe he was tracking them with a firearm.

We’ll turn to the audio in a moment, but first, a key point. In an interview following a town hall meeting held by the San Francisco Police Department on March 25, the Bay Guardian asked Police Chief Greg Suhr: “Can you say more about the behavior that was actually reported in the 911 calls?”

Suhr responded, “The information that we had at the time was that he was behaving in an aggressive manner.”

Yet the audio files that have now surfaced reflect no mention of aggressive behavior, nor of a suspect brandishing a weapon.

Here are excerpts of the full sound file, originally posted to KQED’s website:

The first mention of the 221 – police code for person with a gun – is to relate a 911 caller’s description of a Latino male suspect, who has “got a gun on his hip, and is pacing back and forth on the north side of the park near a chain-linked fence.” The next description that comes over the dispatch radio, also apparently related from a caller who was in the park, is that “he is eating chips, or sunflower seeds.”

Several minutes later (here’s the full audio recording), officers can be heard communicating with one another after they have arrived at the park.

First, a voice reports that the “subject is walking down the hill.” Then, 39 seconds later, someone can be heard saying, “He is walking inside the park.”

Six seconds after that, someone says, “There’s a guy in a red shirt, way up the hill, walking toward you guys.”

Several seconds later, a voice calmly states, “I got a guy right here.”

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

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

Pointer added that the sound files still don’t offer a complete picture of what transpired. “There is more than one radio channel,” he pointed out, and added that his firm hopes to obtain other relevant documentation through a process of discovery, once a lawsuit has been filed.

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

At an April 14 press conference, Burris discussed the difficulty his office had encountered in its initial attempts to obtain recordings of police radio communications.

Guardian video by Rebecca Bowe

As it turns out, those files were indeed preserved – by a third party. Broadcastify.com, a San Antonio-based company founded by an IT professional who previously worked for IBM, broadcasts live audio transmitted by public agencies picked up by radio scanners, and maintains a publicly available database of sound files.

We attempted to reach San Francisco Police Department’s media relations team this afternoon to discuss these audio files. However, we were informed that all of the public information officers were gone for the day, and unavailable to speak with the press.

BART fined $210,000 for accident killing two workers

18

The California Occupational Safety and Health Administration is fining Bay Area Rapid Transit $210,000 for three “willful/serious” safety violations connected to the death of two transit workers, citing a lack of safety measures at BART as the fault of their deaths. BART was fined maximum amounts allowed for the offenses, officials said. 

“Employers have a responsibility to ensure worker safety,” acting Cal/OSHA Chief Juliann Sum said in a statement. “Safety standards are designed to save lives and they were not followed.”

Two transit workers were killed October last year during the final days of the BART strike. As we reported then, Christopher Sheppard, a BART manager and member of the AFSCME union, and Larry Daniels, a contractor, were inspecting a “dip in the rail” before they were hit by an oncoming train. The two workers were required to go through what’s called a Simple Approval process to get permission to work on the track.

It’s that Simple Approval process that came under fire in the citation.

“Employer’s control method, namely the ‘Simple Approval’ procedure, does not safeguard personnel working on tracks during railcar movement,” the citation reads. “The employer allowed workers to conduct work on the railway tracks where trains were travelling in excess of sixty-five (65) miles-per-hour.”

“The employees had no warning that a train moving at more than 65 miles-per-hour was on the C1 railway track approaching the location where they were working.”

BART General Manager Grace Crunican quickly issued a statement.

“Passenger and employee safety is our top priority at BART.  BART has fundamentally upgraded its safety procedures with the implementation of an enhanced wayside safety program and a proposed budget investment of over $5 million in additional resources to bolster BART’s safety performance,” she said. “Cal/OSHA has informed BART these changes correct the concerns which are at the heart of their citations, designating the issues as ‘abated,’ meaning that none are continuing violations or pose continuing safety hazards.”

The statement goes on to say that BART meets CPUC safety standards, though as we’ve seen with PG&E (San Bruno) and Uber (the New Year’s Eve death of Sofia Liu), those standards have been demonstrated to be at times, lax. 

The three violations were deemed “abated” within the citaiton. The citation tasked BART with reassigning job assignments of untrained personell, not allowing unqualified workers near energized equipment and facilities, and “controls to safeguard personell during railcar movement shall be instituted.”

Simple Approval has since been terminated, BART Spokesperson Alicia Trost told the Guardian.

BART permanantly eliminated Simple Approval immediately following the tragic deaths,” she said. “We now require work orders for anyone who goes wayside.  We are also implementing the extra layers of protection for track workers.”

Notably, the two workers were killed as BART management attempted to train managers to operate trains during the strike, according to the National Transportation Safety Board, who is investigating the incident.

lighting

Left, a dimly lit BART tunnel. Right, an oncoming train. BART has been cited for safety issues by CAL/OSHA before, including lighting issues which some say led to the death of another BART worker years ago.

The citation specifically lambasts flimsy safety process of Simple Approval, the process workers formerly used to keep the Operations Control Center “aware of the presence of personnel in a specified location in the trackway,” according to BART training manuals. When workers are preparing to work on a track, they recited the simple approval to the Operations Control Center, also known as central control. It works like signing a waiver, saying that you understand the rules of safety, and more importantly, that you can work on the track without diverting trains. 

This isn’t the first time BART has run afoul of CAL/OSHA citations, they’ve racked up over 20 in the past years. A hearing held shortly after the two workers’ death also brought many of these problems to light.

Shortly after the accident, Saul Almanza, a longtime BART safety trainer, told us the section of track the two workers died on crested the hill a little bit.” Having a sight line is important, he said, because you can’t use your ears to hear a train coming.

“It’s like a jet flying over you, you don’t hear it until it’s past you,” he explained. “I always teach in my class: ‘You don’t listen for trains, you look for trains.’”

Below we’ve embedded the citations issued to BART.

Bay Area Rapid Transit (BART) citations for death of two workers from CAL/OSHA by FitztheReporter

Plan would renovate vacant public housing units for homeless people

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

At the San Francisco Board of Supervisor’s meeting on April 15, Breed called for the city controller and city attorney to begin drafting a supplemental appropriation of $2.6 million, to be put toward renovating 172 public housing units that are currently sitting vacant and in disrepair. 

Tragedy struck at Sunnydale, the Housing Authority’s largest housing development, today [Wed/16] when a 32-year-old woman and her 3-year-old son were killed in a blaze that started early this morning. The cause of the fire is under investigation, but a report in SFGate noted that the Housing Authority has planned on rebuilding Sunnydale for years due to its poor condition.

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

Breed, who represents District 5, previously lived in San Francisco public housing. “Living in public housing for over half of my life has given me a perspective unlike, I think, anybody else that I know, to understand exactly what we need to do as a city to make a difference in the lives of those constituents,” she said.

She mentioned that between 25 and 50 homeless families stay in a church every night that has been converted to a shelter in her district – but there are no showers there, “only a few toilets and sinks that those families can use.” 

As the Guardian has previously reported, homeless people enrolled in public services frequently discover that very little permanent housing is available – even though the Department of Public Health, the Human Services Agency, and the San Francisco Housing Authority all oversee programs that were created to assist individuals who are in need of housing.

As things stand, about 175 homeless families remain on a wait-list for housing, homeless czar Bevan Dufty told the Bay Guardian in a recent interview. And more than 300 other homeless individuals have applied for housing assistance through the Department of Public Health’s Direct Access to Housing program, which provides subsidized housing in SROs and apartments.

The San Francisco Housing Authority receives its funding not through the city, but through U.S. Housing and Urban Development, a federal agency. However, Housing Authority spokesperson Rose Marie Dennis said federal funding doesn’t stretch far enough for the agency to perform routine restoration of vacant units that have fallen into disrepair. “We have to work with the resources that we have,” she said.

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

“From our perspective, we share the supervisor’s commitment to prioritizing the housing of the homeless,” Dennis said, adding that the Housing Authority would be “very grateful” for any support the city would lend toward renovation.

Gene Gibson, a HUD spokesperson, said that it was too early to comment specifically on Breed’s proposal since it was still in the early stages of being drafted. But in general, “If a community comes up with an innovative approach … I don’t think HUD would have any problem with it.”

City unveils plan to get tough at 4/20 gatherings

City officials today announced a “comprehensive plan” to crack down on unpermitted 420 events at Golden Gate Park this Sun/20, saying it was necessary because last year’s debauchery got out of hand. That means more police, both in uniform and plainclothes, will be in the park for the greatest marijuana celebration of the year.

“Last year [on 4/20] we had a lot of challenges,” said Sup. London Breed, who is spearheading this year’s efforts since the park falls in her district. “We need to make the city and streets safe this year. We want people to come and enjoy San Francisco, but we also want them to respect San Francisco.”

The problems Breed was alluding to included underage drinking, traffic congestion, and massive amounts of trash left in the park, especially in the area known as Hippie Hill.

Last year, it took 25 city employees over 12 hours to clean up the five tons of trash left by intoxicated visitors, according to Phil Ginsburg, general manager of San Francisco Recreation and Parks. And because 420 activities are unsanctioned and without an official sponsor, the burden to pay for the cleanup falls upon the city. In 2013, the Department of Public Works spent more than $10,000 to restore Golden Gate Park.

In anticipation of an even larger crowd this year, for both 420 and Easter events happening in the park, the city is gearing up to deal with people and traffic. In addition to deploying additional law enforcement in plainclothes and uniform, officials also plan to ramp up parking control, utilize additional bus services, and employ city workers to direct traffic.

A press release issued by Breed’s office indicated that police would take “a strict enforcement approach to all code violations.”

But speaking at the press conference, San Francisco Police Chief Greg Suhr said officers will have zero tolerance for violations such as underage drinking, open containers, selling drugs, unlicensed vendors, and even walking while texting. Noticeably absent from the list of offenses he mentioned was actually smoking marijuana.

“The sale of marijuana is still a felony,” Suhr emphasized, “but I don’t think [the SFPD is] naive enough to believe that we can stop people from smoking on 4/20.”

Captain Gregory Corrales confirmed that maintaining safety is the station’s top priority. Last year there was only one violent incident and eight arrests for selling drugs, but there were zero citations for possession of marijuana.

Pot smoking, which has long been tolerated, if not embraced, in our progressive enclave, was officially deprioritized as a crime by the Board of Supervisors in 2006, barring incidents that involved driving under the influence, minors, or violence. Breed noted that while she does not “condone illegal activities,” she admits that this aspect of the 420 celebration is difficult to control.

So please, stoners of San Francisco, follow the cardinal rule of nature lovers by packing out whatever you pack in. And above all, have a safe and merry holiday.

Supervisors outfox landlords on eviction compensation measure UPDATED

76

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

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

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

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

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

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

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

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

SEIU-backed initiatives seek to cap healthcare costs and executive pay

7

Health care costs are skyrocketing across the country, but two proposed ballot initiatives in California are aiming to rein in health care spending, which the Centers for Disease Control estimates at $2.6 trillion annually nationwide. Both measures are currently gathering signatures to be placed on the November ballot.  

Service Employees International Union authored the Charitable Hospital Compensation Act (CHCA) and the Fair Healthcare Pricing Act (FHPA), which are designed to directly deal with the high costs at nonprofit hospitals. CHCA seeks to cap the salary for executives at  nonprofit hospitals at $450,000 a year, the same salary as the President of the United States. FHPA would limit the amount charged for services to 25 percent above the estimated costs of providing care.

“Health care costs have been out of control for years. These initiatives are two modest things we can do to rein that in. We can make sure that hospitals don’t take ridiculous profits on the materials and services they provide and we can hold pay for executives to a reasonable level” says Assemblymember Tom Ammiano (D-San Francisco), who endorsed both initiatives, “When so many people are struggling to pay for health care, it’s the least we can do.”

Executive pay at nonprofit hospitals is out of control. Former CEO of San Francisco-based Blue Shield of America Bruce Bodaken earned $4.6 million in 2010. Former CEO of Oakland-based Kaiser Permanente George Halvorso  earned $6.7 million in the same year.

“Compensation” is strictly defined by the measure, including compensation in the form of bonuses, forgiven loans, and even access to a company car.  

“There is some symbolic value to that… people say that running a hospital is like running a hospital is like running a city,” said Dave Regan, president of SEIU-UHW. “You will not find a mayor in America that makes anywhere close to $450,000 a year, let alone $1.5 million. In fact, the person in charge of leading America makes $450,000 a year. We think that [executive] compensation has gotten out of whack.”

The actual costs for services in US hospitals is also out of whack. According to the World Bank, the US spends 17.9 percent of its Gross Domestic Product on healthcare, the most of any country on earth. But, according to the World Health Organization, the US ranks a dismal 37th in quality of healthcare.

US hospitals have grown infamous for overcharging for services and things like aspirin and ibuprofen. On average in California, charging from 325-800 percent above the actual cost for those services and supplies. FHPA is aimed to help  the US residents pay less for health care. Its goal is to lower the costs of services at non-profit hospitals by capping the amount charged for services to 25 percent above the estimated costs of providing care.

“Cost includes the salary of doctors, nurses and other caregiver… supplies, all of that… You take those costs and add 25 percent. That seems to us, a very healthy and large operating margin,” Regan said. “This will prevent the worst abuses by the most aggressive hospital providers in the state. Everyone knows hospital care costs too much, nobody knows what they’re going to get charged before they see bills… We believe this [FHPA] will reduce what patients are paying… and the hospital industry will be perfectly healthy.”

Both initiatives are also designed to increase transparency by forcing nonprofit hospitals to disclose their 10 highest paid executives and five ex-executives with the highest paid severance package, along with a detailed breakdown of the compensation or severance package, on a yearly bases.

They also have  teeth. Penalties for violating any of conditions set forth in the initiatives can trigger fines of up to $100,000. Even with these blaring facts, the hospital industry is expected to fight the health care measures to the bitter end.  SEIU has already fired shot by releasing an ad. But the hospital industry is predicted to dump millions into this battle to keep the status quo.

Both the California Hospital Association and the Hospital Council of Northern and Central California declined to comment on the initiatives. But a public relations officer from CHA  told the Guardian that the hospital industry and SEIU are looking for a “non-initiative solution.”

However, critics of the initiatives have banded together to fight the pair of healthcare reforms. A CHA-funded group call itself Californians Against Initiative Abuse released an ad accusing the initiatives of being a ploy to increase SEIU’s power . Calling the initiates, “deceptive, dangerous and dishonest.”

Literature on the group’s website spells out healthcare domesday if the initiatives are approved in November, including layoffs, reduced services, and hospital closures — and a decrease of hundreds of millions of dollars in Medi-Cal funding, handing back what it claims is $1 billion in funds to the federal government.

Whatever the outcome of the November ballot, the consequences of keeping the current trend of health care costs are catastrophic.

“Without reasonable health care reform, there are estimates that the health care costs can reach 30 percent of GDP in the future.” California Sen. Mark Leno told the Guardian, “This is not sustainable.  We have to get a handle on this.”

Both Kaiser and Blue Shield declined to comment.

 

Claim filed over SFPD shooting of Alejandro Nieto

The family of Alejandro Nieto, the 28-year-old City College student and community activist who was gunned down by the San Francisco Police Department March 21, has filed a claim against the city in preparation for a lawsuit responding to what they allege was an unjustified shooting. 

Friends, family and supporters of Nieto gathered in front of San Francisco City Hall April 14 with attorney John Burris, who is representing Nieto’s family. Burris is a prominent civil rights lawyer known for representing families whose sons have died as a result of officer involved shootings, including the family of Oscar Grant.

An initial examination of the body suggests Nieto died from wounds inflicted by at least 10 bullets, fired by multiple officers, Burris said. Police initially encountered Nieto in Bernal Heights Park in response to a 911 call reporting a man with a gun. Nieto, who was employed full-time as a security guard, actually possessed a Taser and not a firearm. Police said officers opened fire because he pointed the Taser at them, and they confused it with a gun when they saw a red dot emitted from the device after it was drawn, tracking officers.

Burris isn’t buying the police department’s account, but said he faces obstacles obtaining key information that would shed light on the incident.

“We have not been able to obtain the 911 audio,” or other communications records documenting what happened just before and after the shooting, Burris said. So far, the San Francisco Medical Examiner has not released an official report.

“That is part of the problem we are up against. We can make requests and ask for it to be preserved,” he said of the audio files, “but we cannot get it. And unfortunately, lawsuits are one way that we know we’re going to get it.”

Benjamin Bac Sierra, a friend of Nieto’s who is serving as a spokesperson for the family, waved a bundle of petitions he and community members had collected to call for an investigation at the local level. “Besides filing this claim, the family demands that San Francisco District Attorney George Gascon launch an official investigation into Alex’s killing by the San Francisco Police Department,” Bac Sierra said. “We demand that the district attorney fully investigate this case on behalf of Alex and his family.”

Burris said he believed moving forward with an independent lawsuit was necessary even as the Office of Citizen Complaints, an independent agency overseen by the San Francisco Police Commission, advances its own investigation.

“I’ve worked with the OCC on many cases in the past, but that’s on a parallel track. They have one process, we have another,” he said. “At the end of the day, we have to do our own to protect ourselves.”

Burris also said that given the recent history of federal prosecution against the SFPD, he believed the involvement of the U.S. Attorney’s office would be appropriate. “We’re requesting that the U.S. Attorneys here with the Department of Justice conduct an independent investigation into the circumstances surrounding Alex’s death,” Burris said, “and if necessary, file criminal charges against these officers.”

In a later conversation with the Bay Guardian, Bac Sierra noted that an audio recording of the shooting had been obtained from a neighbor of the park, who captured it through a home security system. Bac Sierra said the recording suggests two shots were initially fired, followed by a pause, followed by “a continuous volley” of shots. Bac Sierra, who declined to provide the neighbor’s name, said the sound file did not contain audible verbal communications prior to the shots being fired.

Community members angered by Nieto’s death have set up a website, justice4alexnieto.org, and have planned an event for the one-month anniversary of the shooting. Called Burritos on Bernal Hill, the gathering is scheduled for Monday, April 21, at Precita Park at 5pm.

Accreditors ask City College to voluntarily terminate its own accreditation

35

Should City College commit educational seppuku?

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

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

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

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

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

Tyler strongly rebuffed the ACCJC’s Chronicle editorial.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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