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Why Muni won’t earn a dime off the tech buses

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Every day mammoth private buses squeeze into San Francisco public bus stops, and every day they contribute to the delay of countless Muni buses. Riders walk around the Google, Apple and Genentech luxury rides and into the street to board their grimy, underfunded public transit system. 

Now finally, the mayor has announced the near-approaching implementation of a pilot program to permit and regulate the tech industry’s private coaches. If approved by a vote from the SFMTA Board of Directors on Jan. 21, the pilot will begin. The only catch is, though they’ll charge those companies for the cost of implementing the program, the San Francisco Municipal Transportation Agency won’t make any money off of the tech shuttles.

The chronically underfunded Muni won’t get a lift from Google. Yesterday (Mon/6) we finally got an explanation as to why.

On the 8th floor of the SFMTA offices, the transit agency’s director Ed Reiskin told reporters that his hands were tied by California Proposition 218, which limits what new revenue municipalities can raise without voter approval.

“Only the voters of San Francisco can enact a tax that generates excess revenue,” he said. 

“This isn’t new,” Reiskin said, but he’s only half right. Though Prop. 218 was passed in 1996, this is the first time anyone at the MTA has touted it as a reason not to profit off of the tech shuttles.

We even asked Mayor Ed Lee this question just a month ago, and got a two-minute response that did not once include Prop. 218

Part of this might have to do with the nebulous quality of Prop. 218. An implementation guide from the California Budget Analyst office puts it this way: “Proposition 218’s requirements span a large spectrum, including local initiatives, water standby charges, legal standards of proof, election procedures, and the calculation and use of sewer assessment revenues. Although the measure is quite detailed in many respects, some important provisions are not completely clear.”

The waters of Proposition 218 are murky: is the government charging for the use of Muni stops a fee or a tax? In that grey area lies the answer on whether the city truly can’t charge tech buses to help fix Muni, or if this is just political cover for a government who doesn’t want to piss off tech.

Tellingly, that’s pretty much what Reiskin said.

“There’s a lot of benefit these services (buses) are bringing to San Francisco,” Reiskin told us after the press conference. “We wanted to resolve the conflicts without killing the benefit.”

“I imagine if we sat down with them and said ‘we wanna start taxing you guys’ they’d say ‘screw it, we don’t want to do the shuttles.’”

The 18-month pilot will recoup an estimated $1.5 million, the estimated cost of the project, according to the SFMTA. The project would give approval for use of 200 Muni stops by private shutle providers, out of 2,500 Muni stops in the system. We’ve reached out to California’s budget analyst office to dig into Proposition 218. 

 

Former supervisor displaced after Christmas Day fire

A fire broke out on Christmas night at the home of Christina Olague, a former San Francisco supervisor, and fatally injured her housemate and longtime friend, Randy David Sapp.

Now, Olague’s friends and supporters are holding an online fundraiser to help her get back on her feet in the wake of the tragic event. A benefit has also been planned for Jan. 12 at El Rio.

Olague said she has been staying with friends since the fire, and doesn’t know where she will wind up living in the long run. She said she’d wanted to be respectful of her housemates’ privacy before making any public statements about what happened, and didn’t reach out to many people initially because she was in a state of shock.

She told the Bay Guardian she had lived in the Victorian, located on Baker Street, for more than four years. Her housemates included Sapp, his partner, Patrick Ferry, and Olague’s sister.  She said she’d been friends with Sapp and Ferry for more than 15 years.

When the fire started on the evening of Dec. 25, Olague said, she was downstairs talking to a friend on the phone, and Sapp and Ferry were upstairs. “All of a sudden the commotion started,” she remembered. It was classified as a 3-alarm fire, and both were rushed to the hospital with serious burn injuries. Olague and her sister were unharmed. Sapp died from his injuries the following day.

The cause of the fire remains unknown, Olague said.

Sapp and Ferry were co-owners of a Cole Valley shop, The Sword and Rose, which sells incense, oils, and books. Olague said Sapp was also a musician, and described him as “a kind, understanding human being.” She said, “He gave so much to so many people.”

Ferry is still suffering from burn injuries, but is expected to recover fully.

Gabriel Haaland, a longtime activist and labor organizer, created an online fundraising website to help Olague upon hearing the news. He’d texted her randomly, he said, only to learn that “she’d lost her home and her best friend died. I was just blown away.”

The fundraising page, created on wepay.com, has raised nearly $4,000 so far from 52 donors.

“After a long discussion, she agreed to let people know this happened, and at my urging accepted that she needs financial assistance as well with getting a new apartment and getting back on her feet again,” Haaland wrote in a statement on the fundraising website.

In addition, Haaland said a fundraiser is being coordinated by Sups. David Campos, Jane Kim and Eric Mar. It will be a Salsa Sunday at El Rio and is scheduled to be held from 3 to 8 p.m. on Jan. 12.

No comments, but we’re working on it

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If you’ve been trying to comment on our site and having trouble, no, I didn’t shut down our comments again. We’ve had some technical difficulties that now appear to be resolved, so you can finally have at The Rise of Candidate X, our cool Year in Evictions timeline, the union threat to go after BART directors, and other red meat that we were sorta surprised to see such silence on. Our bad.

P.S. We thought comments were back, but we hear some are still having trouble. We’re still working on it.  

BART approves contract as tensions with its workers continue UPDATED

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The BART Board of Directors today approved a modified contract with its two biggest labor unions, an action that received faint praise and was followed up with implied threats from both sides, continuing one of the ugliest and most impactful Bay Area labor disputes in recent memory.

The four-year contract approved today resolves a dispute over a paid family leave provision that BART officials say was mistakenly included in the contract that the unions negotiated and approved in November following two strikes and two workers being killed by a train that was being used to train possible replacement drivers on Oct. 19.

Recent negotiations yielded a contract with seven new provisions favorable to workers, including a $500 per employee bonus if ridership rises in the next six months and more pension and flex time options, in exchange for eliminating six weeks of paid leave for family emergencies.

The new contract was approved on a 8-1, with new Director Zakhary Mallett the lone dissenting vote, continuing his staunchly anti-union stance. Newly elected President Joel Keller was quoted in a district statement put out afterward pledging to change the “process” to prevent future strikes.  

“The Bay Area has been put through far too much and we owe it to our riders and the public to make the needed reforms to our contract negotiations process so mistakes are avoided in the future. I will appoint a new Board committee to investigate the policies and practices of labor negotiations and will make recommendations to the Board and the General Manager on how we can improve the process,” Keller said.

But from labor’s perspective, the problem wasn’t the “process,” but the actions taken by the Board of Directors; General Manager Grace Crunican; and Thomas Hock, the union-busting labor negotiator they hired for $400,000 — and the decision by BART to practice bargaining table brinksmanship backed up by a fatally flawed proposal to run limited replacement service to try to break the second strike.

A statement by SEIU Local 1021 Executive Director Pete Castelli put out after the vote began, “Today’s Board vote incrementally restores the faith that the riders and workers have lost in the Board of Directors, but it’s not enough to fix the damage they’ve caused to our communities.”

It goes on the blame the district for the strikes and closes with a vague threat to target the four directors who are up for election this year: Keller, James Fang, Thomas Blalock, and Robert Raburn (whose reelection launch party last month was disrupted by union members).

“Today BART is less safe and less reliable because of the Directors’ reckless leadership,” Castelli said. “Something has to change in order for all of us to regain our confidence in BART, and it starts with having BART Directors who are committed to strengthening the transportation system we all rely on and who prioritize its workers’ and riders’ safety. We look forward to the opportunity to work with our communities and to elect Directors who are committed to improving service and safety to all who depend on BART.”

Asked whether the union was indeed threatening to get involved in those four elections this year, spokesperson Cecille Isidro told the Guardian, “You’re absolutely right, that’s exactly what we’re trying to project.”

Local 1021 Political Director Chris Daly took the threat a step further, singling out Mallett as by far the most caustic and anti-union director, saying the union is currently considering launching a recall campaign against Mallett, although that could be complicated by the fact that he represents pieces of three counties: San Francisco, Alameda, and Contra Costa.

“He is so out-of-touch with the region. When he was elected, people didn’t know what they were getting,” Daly said, noting that voters elected Mallett over longtime incumbent Lynette Sweet in 2012 mostly out of opposition to her and not support for him. The Bay Guardian and others who endorsed Mallett have been critical of Mallett’s erratic actions since then, which included trying to raise fares within San Francisco without required social equity studies before becoming the most dogmattic critic of BART’s employee unions.

Daly was also particularly critical of Keller, who he accused of using today’s vote “to roll out his reelection campaign” with an anti-worker tenor. Neither Keller nor Mallett immediately responded to Guardian requests for comment, but we’ll update this post if and when we hear from them [see UPDATE below].

Daly cited a litany of grievances that could be corrected by new blood on a board that has seen little changeover in the modern era, from hiring Crunican (who Daly called “a terrible hire”) and Hock to conflating the district’s capital and operating budgets during the current negotiations, trying to expand the system on the backs of workers using an aggressive media strategy.

“The experience of the last 8-10 months elevates the importance of these BART Board races,” Daly told us. “They spent about $1 million to basically malign their workers and improve their negotiating position on the contract.”

BART spokesperson Alicia Trost denied that the district has been hostile to it workers, telling the Guardian, “From the beginning, we negotiated in good faith and we always tried to strike a balance between investing in the employees and investing in the system.”

In addition to the unions targeting directors in this November’s election, the district is also awaiting a ruling from the National Transportation Safety Board on its responsibility for the Oct. 19 fatalities, as well as facing scrutiny from the California Legislature, particularly its Joint Legislative Audit Committee and the Assembly Committee on Labor and Employment, whose members criticized BART’s lax safety culture during a Nov. 7 hearing.

Assemblymember Phil Ting (D-SF) called that hearing and criticized BART officials there for failing to provide requested safety information, requiring them to submit that information in writing, which he says still wasn’t adequte. “It was very difficult to decipher,” Ting told the Guardian recently.

Once the Legislature comes back into session on Jan. 6, Ting said that, “We’ll have a clearer idea whether we need more hearings.”

Meanwhile, SEIU Local 1021 members are slated to vote on the latest BART contract on Jan. 13.

UPDATE 1/3: Keller got back to us and admitted that if the unions really target him for removal in a serious way, “they’ll probably be successful.” He was fatalistic about that possibility, repeatedly voicing acceptance of that prospect: “If I lose my seat over this, I lose my seat.”

And by “this,” Keller means the likelihood that he’ll push for prohibiting BART employees from going on strike, which he said is already the case with the country’s four largest systems — Boston, Chicago, New York City, and Washington DC — which have deemed transit an essential service.

“Large transit agencies do not allow their employees to strike,” Keller said, noting that the San Francisco City Charter also bans transit strikes, something he pointed out Daly didn’t alter during his tenure on the Board of Supervisors.

And Keller said he’s willing to risk his seat to make that change: “I feel my responsibility is to use my remaining time to break this dysfunction labor process.”

Keller also said that there were mistakes on both sides during BART’s labor impasse, including BART’s decision to train replacement drivers to offer service between Oakland and San Francisco during a strike. “Maybe the prospect of training replacement drivers was a mistake, and I’ll accept that responsibility,” Keller told us.

He explained the ill-fated decision by saying, “We were in a hardball environment,” which he said both sides contributed to.  

City College saved, for now (update)

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Update: This post has been updated with new information, after a 5:30 press conference held by City Attorney Dennis Herrera.

City College of San Francisco is safe from closure, for now.

A ruling from San Francisco Superior Court Judge Curtis Karnow issued this afternoon would bar City College’s accreditors from terminating the college’s accreditation until after legal proceedings against it are done. 

The loss of accreditation would make City College’s future degrees basically worthless, resulting in its closure or merger with another district.

“I’m grateful to the court for acknowledging what so far accreditors have refused to, that educational access for tens of thousands of city college students matters,” City Attorney Dennis Herrera said at a press conference announcing the judge’s decision.

Now Herrera and his team have time to save the school, and City College will keep its doors open for the duration of the suit — win or lose.

The ruling was the result of an injunction filed by City Attorney Dennis Herrera on Nov. 25. as part of their suit against the Accrediting Commission for Community and Junior Colleges in August for allegedly using the process to carry out an ideological agenda against CCSF. The ACCJC openly lobbied in public hearings and via public letters for education reform across the state, reforms which City College’s administration believed would harm San Francisco’s most vulnerable students: the poor, certificate seekers, and lifelong learners.

ccsfhearing

Counsel for the Accrediting Commission for Community and Junior Colleges, Andrew Sclar and Philip Ward, confer during a break at a preliminary injunction hearing regarding City College of San Francisco on Dec. 26, 2013. Photo by Sara Bloomberg

Only part of the injunction was granted by Karnow, however. The ACCJC is barred from shutting down City College, but it can still revoke the accreditation from any of the 112 community colleges it oversees across the state.

The ruling also doesn’t stop it them from making preparations to close the college, Herrera said.

“It does not stop them from continuing their review and analysis and evaluation, it stops them from issuing a final ruling with respect to taking accreditation of City College,” he said. 

Not everyone agrees with Herrera’s efforts though.

“Court intervention is not necessary to keep City College open,” State Community College Chancellor Brice Harris wrote to Herrera in a letter today. 

Harris argues that the lawsuit detracts from the efforts to save the school made by the special trustee Robert Agrella, who was assigned by Harris to replace City College’s board of trustees just after the accreditation crisis broke out.

“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,” Harris wrote.

And City College’s enrollment has taken a huge hit, down nearly 30 percent from last year, leading to the college’s new media campaign to get students back in City College seats. 

Though Harris criticized Herrera’s lawsuit as the chancellor of the state community college system, Harris has tangled ties with the accreditors — he was a commissioner on the ACCJC board some years ago

At the hearing to grant the injunction, Sara Eisenberg, the deputy city attorney, argued that real harm hit City College since the news of its closure hit. Students have left the school in droves.

We’re asking, your honor, right now for something that won’t happen until further down the road… but there’s real harm happening right now. Latest numbers show enrollment is down 27 percent,” she told Karnow. 

The ACCJC’s counsel, Andrew Sclar, argued that an injunction to stop City College’s closure would actually harm the ACCJC itself.

 “There certainly would be harm to us,” he told Karnow. “If we do not enforce sanctions or bring a non compliant institution into compliance within a two year period, we would be at risk of losing our recognition with the United States Department of Education.”

Karnow then asked if there was “evidence on the record” of that ever happening. Sclar said no.

The college is slated to lose its accreditation in July 2014. The college is trying to reverse its fortunes and is applying for an appeal with the ACCJC. 

Now, it has a chance to stay open while Herrera fights for its future. Two other lawsuits were filed against the ACCJC as well, one by the California Federation of Teachers and another by the Save CCSF Coalition. 

Lawsuits aren’t the only fire the ACCJC has come under lately. US Rep. Jackie Speier called for a forum on the ACCJC’s alleged misconduct in November, and the beleagured commission was recently reviewed by the federal government, and given one year to come into compliance with federal guidelines.

For our coverage of the court hearing that led to the injunction, click here.

Deputy City Attorney Sara Eisenberg discusses the hearing for the injuncton.

The full text of Herrera’s press release is below.

City College wins reprieve, as court enjoins ACCJC from terminating accreditation

Herrera grateful to court ‘for acknowledging what accreditors callously won’t: that the educational aspirations of tens of thousands of City College students matter’

SAN FRANCISCO (Jan. 2, 2014) — A San Francisco Superior Court judge has granted a key aspect of a motion by City Attorney Dennis Herrera to preliminarily enjoin the Accrediting Commission for Community and Junior Colleges from terminating City College of San Francisco’s accreditation next July.  Under terms of the ruling Judge Curtis E.A. Karnow issued late this afternoon, the ACCJC is barred from finalizing its planned termination of City College’s accreditation during the course of the litigation, which alleges that the private accrediting body has allowed political bias, improper procedures, and conflicts of interest to unlawfully influence its evaluation of the state’s largest community college.  Judge Karnow denied Herrera’s request for additional injunctive relief to prevent the ACCJC from taking adverse accreditation actions against other educational institutions statewide until its evaluation policies comply with federal regulations.  A separate motion for a preliminary injunction by plaintiffs representing City College educators and students was denied.  

In issuing the injunction, the court recognized that Herrera’s office is likely to prevail on the merits of his case when it proceeds to trial, and that the balance of harms favored the people Herrera represents as City Attorney.  On the question of relative harms, Judge Karnow’s ruling was emphatic in acknowledging the catastrophic effect disaccreditation would hold for City College students and the community at large, writing: “There is no question, however, of the harm that will be suffered if the Commission follows through and terminates accreditation as of July 2014.  Those consequences would be catastrophic.  Without accreditation the College would almost certainly close and about 80,000 students would either lose their educational opportunities or hope to transfer elsewhere; and for many of them, the transfer option is not realistic.  The impact on the teachers, faculty, and the City would be incalculable, in both senses of the term: The impact cannot be calculated, and it would be extreme.”

“I’m grateful to the court for acknowledging what accreditors have so far refused to: that the educational aspirations of tens of thousands of City College students matter,” said Herrera.  “Judge Karnow reached a wise and thorough decision that vindicates our contention that accreditors engaged in unfair and unlawful conduct.  Given the ACCJC’s dubious evaluation process, it makes no sense for us to race the clock to accommodate ACCJC’s equally dubious deadline to terminate City College’s accreditation.”

Judge Karnow adjudicated four separate pre-trial motions in today’s ruling following two days of hearings on Dec. 26 and 30.  Herrera filed his motion for preliminary injunction on Nov. 25 — three months after filing his initial lawsuit — blaming the ACCJC for procedural foot-dragging and delay tactics, which included a failed bid to remove the case to federal court and its months-long refusal to honor discovery requests.  Judge Karnow granted in part and denied in part Herrera’s motion, issuing an injunction that applies only to the ACCJC’s termination deadline for City College’s accreditation, and not statewide.

Apart from Herrera’s motion, AFT Local 2121 and the California Federation of Teachers also moved for a preliminary injunction on Nov. 25, citing additional legal theories.  That motion was denied.  A third motion by the ACCJC asked the court to abstain from hearing the City Attorney’s lawsuit for interfering with complex accrediting processes largely governed by federal law; or, failing that, to stay Herrera’s action pending the outcomes of City College’s accreditation proceeding and ACCJC’s own efforts to renew its recognition with the U.S. Department of Education.  A fourth motion, also by the ACCJC, requested that the court strike the AFT/CFT’s case under California’s Anti-SLAPP statute, which enables defendants to dismiss causes of actions that intend to chill the valid exercise of their First Amendment rights of free speech and petition.  (SLAPP is an acronym for “Strategic Lawsuits Against Public Participation.”)  Both of the ACCJC’s pre-trial motions were denied.

The ACCJC has come under increasing fire from state education advocates, a bipartisan coalition of state legislators and U.S. Rep. Jackie Speier for its controversial advocacy to dramatically restrict the mission of California’s community colleges by focusing on degree completion to the detriment of vocational, remedial and non-credit education.  The accrediting body’s political agenda — shared by conservative advocacy organizations, for-profit colleges and student lender interests — represents a significant departure from the abiding “open access” mission repeatedly affirmed by the California legislature and pursued by San Francisco’s Community College District since it was first established.  

Herrera’s action, filed on Aug. 22, alleges that the commission acted to withdraw accreditation “in retaliation for City College having embraced and advocated a different vision for California’s community colleges than the ACCJC itself.”  The civil suit offers extensive evidence of ACCJC’s double standard in evaluating City College as compared to its treatment of six other similarly situated California colleges during the preceding five years.  Not one of those colleges saw its accreditation terminated.  

The City Attorney’s case is: People of the State of California ex rel. Dennis Herrera v. Accrediting Commission for Community and Junior Colleges et al., San Francisco Superior Court No. 13-533693, filed Aug. 22, 2013.  The AFT/CFT case is: AFT Local 2121 et al. v. Accrediting Commission for Community and Junior Colleges et al., San Francisco Superior Court No. 534447, filed Sept. 24, 2013.  Documentation from the City Attorney’s case is available online at: http://www.sfcityattorney.org.

No decision yet following charged hearing to stall City College closure

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At a Dec. 26 hearing in San Francisco Superior Court, the City Attorney’s office argued that City College of San Francisco should not be shuttered, as long as San Francisco’s lawsuit against a regional accrediting commission remains in court.

The two-year community college, which serves roughly 85,000 students, was notified earlier this year that the regional Accreditin​g Commission for Community and Junior Colleges would terminate its accreditat​ion in July 2014, rendering the school’s degrees worthless.

It would be forced to close.

In August, City Attorney Dennis Herrera filed suit against the ACCJC, alleging the closure action was improper, unwarranted, and out of line with the agency’s prior actions. 

At yesterday’s court hearing, litigators from Herrera’s office argued for a preliminary injunction against ACCJC, to keep the college open at least for the duration of the court proceedings.

Stop, halt, cease, desist. That was the City Attorney’s goal yesterday: keep City College open until the case is decided.

While yesterday’s hearing was focused on the injunction, the substance of Herrera’s complaint against the ACCJC — alleging that its members were acting improperly as advocates for greater austerity, among other things — came into play many times.

The litigators argued from morning till late afternoon, taking only brief recesses. While Judge Curtis Karnow subjected viewpoints from both sides to microscopic examination, there was no decision by the end.

It’s not yet known when Karnow will issue a ruling. 

“Judge Karnow did not rule from the bench, he issued no tentative order, and he gave no indication of how he intends to rule before concluding today’s hearing,” City Attorney spokesperson Matt Dorsey noted in a statement following the hearing.

In the meantime, a few statements made in court could shed light onto the outcome. We’ve highlighted a few of them below, along with some key questions.

Attorneys Phillip Ward and Andrew Sclar represented the ACCJC, in opposition to Deputy City Attorney Sara Eisenberg and labor lawyer Robert Bezemek, who appeared on behalf of the California Federation of Teachers.

We thought we’d present the case a bit differently, and give background to some of the main arguments and then write the main arguments attorneys made to address them. Each argument is prefaced first, and links are provided for further reading:

1. Herrera’s suit alleges that ACCJC commissioners acted improperly as advocates. That would mean they not only went beyond their role as objective accreditors, but sought to advance a political agenda against CCSF’s inclusive approach to higher education. They address that here.

Judge Curtis Karnow: All of those expression of political views, if you will, by either the staff or the commission itself, are being cited as the “true agenda” that they’re trying to unmask.

ACCJC counsel Philip Ward: There are problems, big problems, at City College of San Francisco…. all of those problems are the product of the so called “open access” mission and the new educational priorities that they’re saying are being shoved down CCSF’s throat.

Innuendo, character assassination … shows us that is what’s being targeted by the plaintiffs allegations.

City College has been kicking the can down the road for six years.

2. Herrera’s motion for an injunction argues that, even as the case is being decided, the school will suffer harm in the interim. How would this injunction soften the blow?

Judge Curtis Karnow: The real thrust of the motion seems to be that the uncertainty has generated behavior by faculty [and] students to depart, and this all stems from uncertainty harm.

When did this uncertainty harm start? How will the actions of this court affect anything? If there’s another hearing in July, won’t there be more uncertainty, even if I issue an injunction?

CFT counsel Robert Bezemek: Declarations filed show that there have already been instances that harm has already been felt. 

For example, (City College’s) radiology program is top in the nation above John Hopkins University. They’ve been given an execution date, everyone knows that. There’s an order to remove the college’s accreditation in July 31. When it got that order, students started to leave the college in droves. 

Deputy City Attorney Sara Eisenberg: We’re asking, your honor, right now for something that won’t happen until further down the road… but there’s real harm happening right now. Latest numbers show enrollment is down 27 percent.

3. Can the ACCJC base its decision to close City College on fiscal issues, rather than educational shortcomings?

CFT counsel Bezemek: We do not deny that they have financial issues… the quality of education is what they’re here (the ACCJC) to measure. But you have to find that the harm from the financial issues warrants shutting the school down the only community college in San Francisco. That it is the fundamental part of accreditation. 

Judge Karnow: So your position is that no matter what bad things the college has done, the commission can’t withdraw its accreditation?

CFT counsel Bezemek: No, we’re saying they have to show substantial evidence. 

(The ACCJC’s) ‘internal review’ is a joke. An injunction would provide huge relief.

accjc counsel

Counsel for the Accrediting Commission for Community and Junior Colleges, Andrew Sclar and Philip Ward, confer during a break at a preliminary injunction hearing regarding City College of San Francisco on Dec. 26, 2013. Photo by Sara Bloomberg

4. Is it within the ACCJC’s power to delay City College’s closure?

Judge Karnow: What if we just dropped the process now? 

ACCJC counsel Sclar: There certainly would be harm to us. If we do not enforce sanctions or bring a non compliant institution into compliance within a two year period, we would be at risk of losing our recognition with the United States Department of Education.

It’s going to have a chilling effect on all accrediting agencies.

Judge Karnow: Is there any evidence of that in the record?

ACCJC counsel Sclar: No, there hasn’t (been). 

Deputy City Attorney Eisenberg: If the people aren’t permitted to seek relief through an (injunctive) action, there’s no other recourse.

The ACCJC has demonstrated a very cavalier attitude in this case. We’re talking about closing the only community college in San Francisco. Many students don’t have access to other colleges otherwise. The relief that we are asking for here is quite modest. It has been granted before… and it didn’t do anything other than hit the pause button.

A look back: The “Candlestick Swindle” in ’68

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San Francisco spent this week saying goodbye to its beloved foggy stadium, Candlestick Park. Amidst the farewells, the Guardian spotted a post from sports blog Deadspin, which reprinted one of our articles from 1968  titled, “Before We Build Another Stadium… The Candlestick Swindle.” 

When we saw the post, we started thumbing through our archives looking for the article. Though Deadspin said it was from 1972, we found it in Vol. 2, Issue no. 10, May 14, 1968, it’s a down and dirty tale of intimidation, bypassing voters through dummy corporations, profiteering, and racism. Candlestick has a colorful history, to say the least. 

The author, Burton H. Wolfe (Burton, not “Mr. Wolfe,” he wrote via email), gave us permission to re-publish it in full here. Just for fun, we’re also embedding the original issue as a PDF, which can be download and printed. Looking through the issue, it’s heartening (and disheartening) how much, and how little, changes.

 

The Candlestick Swindle

It all began early in 1953. Mayor Elmer Robinson’s administration—and local businessmen—decided to import big league baseball for San Francisco’s economic and recreational benefit. A downtown stadium was adequate for San Francisco’s AAA minor league club, the Seals, but not for major league fare.

Hence, Robinson asked the Board of Supervisors to approve a $5 million bond proposition to construct a new stadium. Among the supervisors in approval: George Christopher, soon to become mayor; Gene McAteer, headed for the state senate; Francis McCarty, a future judge; Harold Dobbs, restaurateur and budding Republican candidate for mayor, and John Jay Ferdon, future district attorney.

In July of that same year, 1953, a local multi-millionaire contractor named Charles Harney purchased 65 acres of land at Candlestick Point from the city of San Francisco for $2,100 an acre.

Next year, a band of publicists headed by Curley Grieve, S.F. Examiner sports editor, beat the drums and called the natives to pass this bond issue proposition:

To incur a bonded indebtedness in the sum of $5 million for the acquisition, construction and completion of buildings, lands and other works and properties to be used for baseball, football, other sports, dramatic productions and other lawful uses as a recreation center.

Major league baseball, they proclaimed, would bring untold wealth to the city for a mere $5 million, a price that would be returned many times. After voters approved this in November, 1954, the search began for a site. If there were any doubts the stadium would cost more than $5 million, they were dispelled in a personal meeting between Robinson’s successor, Mayor Christopher, and the owner of the New York Giants, Horace Stoneham.

In April, 1957, Christopher and McCarty flew to New York to talk Stoneham into bringing the Giants to San Francisco. The Giants were losing money in New York, and scouting the country for a new home base.

To prove San Francisco’s support for professional baseball, Christopher waved the $5 million stadium bond issue at Stoneham. According to testimony reported by the 1968 grand jury investigation, Stoneham replied contemptuously:

Any figure other than 10 or 11 million dollars shouldn’t even be discussed because there would be no possibility or probability of a major club moving to that particular community.

Back in San Francisco, Christopher reported the need for more money to other city leaders and businessmen. Since the proposition suddenly to double the original bond issue might run into trouble with the voters, they decided to create a non-profit corporation called Stadium, Inc., as a legal arm of the city.

Bypassing the Voters

Operating through this dummy corporation, the Christopher administration could bypass the voters to raise more money.

Harney and two of his employees were selected as the first board of directors of Stadium, Inc. Christopher told Harney that he would be the contractor to build the new stadium, and his 41 acres of Candlestick land would be the heart of the 77-acre location.

In 1957, Harney sold back 41 acres of the parcel he had purchased from the city in 1953 at $2,100 an acre. The 1957 price the city paid to Harney for its own former land was $65,853 an acre. That’s a crisp total of $2.7 million.

The city’s Real Estate Department approved the deal even though other land adjacent to Harney’s was bought at about the same time for just $6,540 an acre. Harney made a profit of $2.6 million on the four-year land ownership switch.

Not so, Christopher and Harney later contended. Harney had graded and filled the land, and so naturally he was paid for his improvements. One fact raised doubts about that explanation: a $7 million fee awarded to Harney to construct the new stadium included $2 million for stadium construction, $2 million for grading and filling and $2.7 million for real estate.

Had it not been for the creation of Stadium, Inc., the Christopher administration would have been required to hold open, competitive bidding for the contract, and voters would have seen the price tags.

By operating through Stadium, Inc., Christopher was able to evade the city charter and arrange the contract in a privately negotiated deal.

Through the same apparatus, his administration was able to float another $5.5 million bond issue without voter approval. The interest rate on these bonds was set at 5% whereas the interest on the original $5 million bond issue was only 2.4%, a difference that would eventually cost the city hundreds of thousands of dollars.

Evading an Investigation

In February, 1958, Harney and his employees were removed from the board of Stadium, Inc., after, as the grand jury report later pointed out, “Three influential men then were substituted to represent the city’s interest—Alan K. Brown, W.P. Fuller Brawne and Frederic P. Whitman.”

The maneuver came too late to prevent Henry E. North from instigating a Grand Jury investigation into the strange transactions.

North, like Christopher, was a Republican and a conservative member of the San Francisco business community. Until his retirement, at 70, he had been executive vice-president of one of the largest property owners in the city: the Metropolitan Life Insurance Company. He had a strong sense of civic duty, however, and the Candlestick Park deal smelled to him of garbage.

The report North issued, as the result of the Grand Jury investigation, was potential dynamite. It showed that, shortly before the city purchased Harney’s land at $65,853 an acre, adjacent pieces of tideland were sold by the city for less that $4,000 an acre. It did not make sense that Harney’s land, partly under water, should have brought $61,000 more from city coffers.

On Dec. 2, 1958, the San Francisco Chronicle carried partial coverage of the Grand Jury report. On page 5, the year Harney purchased the city land was stated as 1933 rather than 1953. Of course, the 20-year difference would provide a reason for the tremendous increase in value, because the initial purchase price would have been at depression levels.

Undoubtedly, it was a typographical error. And no doubt it was by unintentional omission that other salient features of the Grand Jury report were omitted altogether and never printed by the Chronicle or any other major newspaper.

North charged that all bond issues negotiated by Stadium, Inc. were illegal evasions of the city charter. Bond payments had to be made from city funds, not the dummy nonprofit corporation, and so the whole deal amounted to legal subterfuge; a way to make taxpayers foot the bill without letting them vote on it.

The report, drafted by North and signed by 18 other citizens, estimated annual payments on the bonds of $990,000 for the first 15 years of the debt period. Against that, the city was to draw $225,000 a year in rent from the Giants and $225,000 a year from advertising and parking revenues, leaving a balance of $640,000 to be paid annually from taxes or city funds. It was estimated that the city could make up the balance by commanding the juicy television rights; instead, Christopher arranged for rights to go exclusively to the Giants.

Altogether, it was a marvelous deal for the Giants. In their last New York season, attendance at the Polo Grounds plummeted to 684,000. The club had gone broke and it was almost impossible to give away its stock. After the Giants first season in San Francisco in 1958, attendance tripled over its last year in New York, and their stock soared to $1,000 a share. In terms of revenue, the increase in gate receipts alone meant $3 million the first year.

While the Giants were reaping enormous profits at taxpayers expense, City Hall and the local newspapers were trying to make it appear that San Francisco, too, was earning money. The News-Call Bulletin, the now defunct Hearst paper, once stated that when all returns are in, the season just ended (1960) will have yielded the city about $530,000. The fact was that the sole revenue to the city was $50,000 received to maintain buildings and grounds.

The other Hearst paper, the Examiner, stated, on the other hand: City Hall officials said $375,000 of the revenue figure will be used to pay the annual cost of the city’s $5 million bond issue. The Chronicle published this figure: Of the remaining $527,000, the first $375,000 must go toward payment of the city’s $5 million stadium bond issue.

The fact was that all revenues from the ball park and its parking lot had to be used to pay off the $5.5 million worth of bonds issued by Stadium, Inc., with the exception of the $50,000 maintenance income. The other $5 million worth, issued by the city, had to be paid off through real and personal or property taxes collected by the city.

The result: a projected loss, not profit, of $640,000 the city must pay from taxes or other general city revenues (according to the Grand Jury report), and a loss this year of at least $360,000 (according to figures supplied to The Guardian by the city controller’s office and Mike Barrett, the Bank of America executive who handles Stadium, Inc.’s trustee account.)

Some annual loss on Candlestick Park will continue until 1993, when the stadium will finally be free of debt and owned completely by the city—unless, it is torn down before then or reconstructed, which will add more debt.

There was another interesting development at Candlestick: Stevens California Enterprises, which got the food and beverage concession at the ball park, bought all its milk until two seasons ago from Christopher’s milk company, Christopher Dairy Farms. The Borden Co. now has the lucrative contract.

Even though City Hall and the newspapers were misstating facts about the Candlestick story, San Francisco restaurateurs, hotel owners and shopkeepers at least began to realize that they were not making any money from the ball park, as promised by the ballyhooers. Only the Giants, Harney, and Christopher were making money. The Giants were attracting few additional tourists to San Francisco, and area fans who journeyed to isolated Candlestick Point, several miles away, did not stop to patronize downtown establishments. Some downtown business men were angry, and if North’s crusade were given time and publicity, they might cause an uncomfortable controversy.

Christopher sent emissaries to North, but he would not be wooed or pressured from his stand. To the contrary, he made even more vigorous attacks on Christopher and the ball park deal. The lives of future generations had been mortgaged by this shoddy piece of business, he maintained. Christopher was diverting city funds from various departments: $1.4 million from street improvement bonds, $1.2 million from state gasoline taxes given to the city for road improvements, $1.5 million from sewer bonds for services to the Giants ball park.

A Hidden Payoff?

Already the cost was $15 million, and it might exceed $20 million when various exits, entrances, widened access streets and the like were built to handle the anticipated large crowds. Privately, North informed civic and business leaders that there was an underhanded payoff in the deal, and he intended to expose it.

Christopher reacted viscerally to North’s charges. With newspapermen present, he asserted North was drunk, incoherent, and fixable. The description was published in the newspapers.

North went to Nate Cohn, one of the foremost criminal lawyers in California, and they filed a $2 million libel suit against Christopher. In a pre-trial hearing, Christopher’s attorney filed a thick brief with 45 motions for dismissal of the suit, hoping to tie up the case inextricably. In just an hour and a half, Superior Court judge Preston Devine threw out all 45 motions, indicating clearly that Cohn and North had a good case.

Breaking Down North

Christopher’s friends in the business community went to work on North. The publisher of one of the three daily newspapers, North told me, called on him and said, “Henry, why don’t you play ball? You’re giving the city a bad name, stirring things up like this.”

At the Pacific Union Club across the street from the Fairmont Hotel on Nob Hill, where North was already in disfavor for bringing Jewish guests despite the no-Jews-allowed policy, fellow Republican business executives started a snub-North routine. One day, for example, an old business friend greeted North:

“Say, Henry, I see in the papers there’s some fellow named Henry North filing a suit against the mayor and stirring things up. Must be another Henry North in this town, huh?”

“No, that’s me,” North told him.

“Is that so?” the old friend said. He turned his back on North and never spoke to him again.

I talked to North several times during the siege because I was publishing articles about Candlestick Park in my magazine, The Californian (now defunct). In those days he was full of fight, willing to take on City Hall and the entire business establishment even if it meant losing every friend he had. He promised to tell me the names of the men involved in the payoff, and he excoriated Christopher.

“You know what I call men like George Christopher? Black Republicans. Men who never did anything in their lives for the good of the common people. They’ve never realized that this country as a whole is no better off than the great masses of its people.”

The Fateful Fifth

Then they went to work on his wife. Unlike Henry, she was not involved in politics and her life revolved around her friends and social affairs. Her friends snubbed her and she no longer received invitations. She cried, she pleaded, she begged Henry to call off the ball park investigation and the lawsuit, when that did not move him, she threatened him with divorce. Henry began hitting the bottle.

On June 2, 1960, shortly after I published a detailed article by Lewis Lindsay called “The Giants Ball Park: A $15 Million Swindle,” the press broke the story that North had buried the hatchet with Christopher. In its first edition, the Chronicle correctly reported that North and Christopher had drunk a fifth and a half of Scotch together at Christopher’s home, and praised each other for publication. “He’s a great mayor,” North said—and agreed that legal entanglements were finished. The Chronicle dropped mention of the Scotch in later editions that went to most of its readers.

Cohn was outraged. “We had this suit won,” he told me. “North assured me he was going through with this no matter what happened. But they got to him through his wife, the poor old bastard. You see how they do things in this city? It’s so goddamned rotten you can’t believe it.”

When I called on North again, I found a complete transformation in his appearance. The look of a peppery fighter with ruddy cheeks had given way to a physical wreck; a baggy-eyed, tired, meek looking man weighed down by defeat.

The saddest part of the story was that his wife divorced him anyway. Not long afterward, North died of a heart attack. Harney died in December, 1962.

With North out of the way, with the daily newspapers blacking out the most important parts of the Candlestick Park story, with The Californian reaching only a few thousand citizens, it looked as though the scandal would never be investigated. In an effort to stir up something, I personally appeared before the Finance Committee of the Board of Supervisors and urged their help. One committee member, Al Zirpoli, had said before that he would favor an investigation.

No committee member challenged any facts I presented. When I finished, John Jay Ferdon, Committee Chairman, said only that he would not favor an investigation. He did not say why. (Six years later, when he had become District Attorney, he told me I was right about Candlestick.) Zirpoli, later to become a federal judge and the judge to hear draft resistance cases, said, “I agree with what Mr. Ferdon says.” He suggested, “If there is wrongdoing, your best course of action is a taxpayers’ suit.”

I went looking for wealthy liberals to finance a taxpayers suit, but none were in season. Cohn would have taken the suit if I could have found somebody to pay him for his time. All that he could do now was take me to business friends and introduce me.

The typical reaction came from Sam Cohen, owner of a plush restaurant on Maiden Lane said:

“Sorry, Burton, I can’t get involved. Do you know what Christopher can do to me with his power at City Hall? A Health Department inspector can find something wrong with this restaurant any time he wants. A door is too narrow, my stove does not meet regulations, anything to run me out of business. That’s how they do it. You can’t fight them.”

Since nobody in the city would fight, I asked Sen. Estes Kefauver, chairman of the Antitrust and Monopoly Sub-Committee of the Senate Committee on the Judiciary, to investigate. He replied: “As interesting as a study of how the San Francisco ball park deal took place would be, I do not conclude that it is a matter that should be gone into on the federal level. I think that it is entirely a local or state matter, and that the Subcommittee would perhaps be criticized if it moved into this area.”

Now Another Ballpark

Here we are eight years later, with a Candlestick Park that enrages so many people that a new mayor, Joe Alioto, wants to scrap it for a new stadium. His announced philosophy is that great public projects should not be waylaid just because all of the people aren’t getting enough spaghetti and zucchini. And no doubt many San Franciscans believe that a ball park is a great public project, greater than a school, housing complex or a modern transportation system. That attitude could be the most tragic part of this story.

 

Gap in the hot seat over horrifying animal rights video

An investigation conducted by People for the Ethical Treatment of Animals (PETA) has revealed flat-out cruelty in the practice of harvesting angora fur. Now PETA is targeting Gap, a San Francisco-based clothing retailer, with a call for it to ban the sale of angora products altogether.

On Dec. 16, PETA aired an online video chronicling the disturbing process by which the popular sweater material, angora, is harvested from rabbits kept in cages in Chinese angora farms. The disturbing video was accompanied by a petition calling on Gap to ban angora sales. With two days, the retailer had responded by suspending its orders for angora, but the animal rights organization was still calling for an outright ban.

Angora is a soft, relatively durable sweater material that’s less expensive than cashmere, and it is possible to harvest it without causing injury to animal, but the vast majority of suppliers do not use humane methods. Roughly 90 percent of the world’s angora comes from suppliers in China, according to PETA, where facilities exposed by an undercover PETA investigation use a violent method of harvesting the rabbit fur with no regard for the pain and suffering it causes.

PETA’s initial post on Monday contained a disturbing video chronicling the investigation and the methods used by third party farms to harvest angora. Two days later, Gap posted this Tweet:

“We appreciate that this issue has been raised, and we share the concerns expressed by our customers about the treatment of angora rabbits. Ensuring the fair and humane treatment of animals has been part of our brand’s history, and we’re committed to seeking to ensure that our policies and procedures are adhered to as products are created.
 
Over the last number of days, we’ve looked carefully at the issue, and Gap is immediately suspending orders for products made with angora. We require that vendors contracted to make our product adhere to our ethical sourcing requirements that include the humane treatment of animals. We understand the importance of this issue and will work with others to advocate for lasting improvements.”

Gap isn’t the only company to purchase angora from ethically questionable producers. Many companies used the material, but retailers like H&M — who announced a company-wide angora ban on Fri/20 — and Phillips-Van Huesen (owner of clothing companies Tommy Hilfiger and Calvin Klein, among others), pulled their angora products immediately after PETA showed them the video.

When PETA initially showed Gap the same video, however, it was slow to respond, prompting PETA to make Gap the focus of its media campaign. Now that Gap has agreed to suspend its angora purchases, PETA continues to pressure the company to impose an outright ban on the sale of these products.

The video, which is difficult to watch, shows the standard practice by which the angora farmers exposed by PETA acquire the fur. The rabbits are tied down, screaming, while the farmworkers painfully and forcibly remove the tiny animals’ fur. After the ostensibly unsanitary and violent process, the rabbits are literally tossed back into tiny, filthy cages looking more like meat than living creatures.

But even after the recent publicity, a depressing question remains: What is to happen to the rabbits still at those angora farms?

As things stand, Chinese law does very little to prevent cruelty at these factories. The farms supply 90 percent of the world’s angora, according to PETA, so even after the loss of major customers such as Gap, H&M, and Phillips-Van Huesen, they will likely continue operating.

“There are no laws protecting the animals on those farms, there are no penalties for abusing those animals,” said PETA spokesperson Ashley Byrne. “So really there isn’t some legal precedent in China for those farms to be shut down.”

The only way to combat angora fur farms, according to Byrne, is to not buy the products.

“The most effective way to stop the kind of cruelty that people can see in this angora video is to simply stop buying it,” she said, “and to stop supporting this industry. Whether a label says one percent angora or 100 percent angora,” said Byrne, “The price paid by the animal is too high.”

A century after the Raker Act, San Franciscans are still illegally denied public power

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The San Francisco Examiner has a good story on today’s 100th anniversary of the signing of the Raker Act, federal legislation that allowed San Francisco to build a dam in Hetch Hetchy Valley, a campaign championed most fervently at the time by the Examiner’s then-Publisher William Randolph Hearst.

The article was a good roundup of issues related to the Raker Act, and it included ongoing efforts by the group Restore Hetch Hetchy to try to tear down the dam, but there was a key aspect of the Raker Act that the Examiner left out, one that has been championed by the Bay Guardian over the years.

The Raker Act specifically called for San Francisco to directly distribute the water and electricity generated by the O’Shaughnessy Dam to its residents and for their benefit. The city does so with the water, through the San Francisco Public Utilities Commission, but Pacific Gas & Electric used its power and connections to take control of the electricity and keep it, corrupting the political system for nearly a century in the process.

“The result: San Francisco has paid through the nose to PG&E for its power and the city loses about $30 million a year in profits it would get from a public system,” journalist J.B. Neilands wrote in the March 27, 1969 issue of the Bay Guardian, the first of dozens of stories we’ve written on the topic, spanning many unsuccessful public power campaigns, each one dominated by millions of dollars in PG&E spending.

Section 6 of the Raker Act says that the city “is prohibited from ever selling or letting to any corporation or individual, except a municipality or municipal water district or irrigation district, the right to sell or sublet the water or the electric energy” generated by the dam.

That long-standing violation could become an issue that threatens San Francisco’s control over its main source of clean water and power if Save  Hetch Hetchy gains traction in the courts with a lawsuit that it is pledging to file.

While PG&E doesn’t wield the same strong influence that it once did at City Hall, thanks partly to years of aggressive overreach that soured many local officials on the powerful utility, it does still retain close ties to former Mayor Willie Brown (an attorney who has been on retainer with PG&E for years) and current Mayor Ed Lee, who has sabotaged the latest half-step toward public power, CleanPowerSF.    

Mayor Lee addresses Google bus controversy

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At a press conference on affordable housing today, the Guardian asked Mayor Ed Lee about San Francisco’s favorite pinata: tech buses. The monstrous private shuttles, which daily whisk tech workers away to Silicon Valley, currently use Muni bus stops without paying fines, like most private autos do. 

In Guardian News Editor Rebecca Bowe’s article in the print edition of the Bay Guardian this week, the San Francisco Municipal Transportation Agency spokesperson Paul Rose tells her that although there is a proposal in the works to regulate them, the SFMTA won’t profit a single dime from the plan. 

“We are developing these policies to better utilize the boarding zones for these shuttle providers,” Rose said. “What we’re trying to do is provide a more efficient transportation network.”

But everyone in San Francisco who has ever ridden Muni knows that it struggles to run on time, and chronic underfunding is a perennial Muni problem. It even hurts the city’s bottom line, depressing our economy by over $50 million a year, according a report from the city earlier this May.

The report also highlights the cost to overhaul Muni between now and the year 2020: over $167 million would be needed to overhaul the system.

So why not make a few bucks from tech companies using Muni stops, who, according to the city, cause Muni delays? 

We asked Mayor Ed Lee that very question at a press conference today. You can listen to his answer in the audio embedded below, or read the transcript for yourself. 

San Francisco Bay Guardian: “Housing is one aspect of this, but transportation is another. The MTA’s plan to deal with tech buses is cost neutral. Is that a missed opportunity to get additional funding for Muni?”

Mayor Ed Lee: “Not a missed opportunity. That’s the essence of that 2030 task force, transportation task force, that we put together where they send a report to me, I’m in a process of reviewing all aspects of that. 

Muni officials themselves were directly involved in producing that very comprehensive review along with our Planning Department and many in fact all of the departments here had implemented them.

Transportation is not just about Muni, it’s about all the modes of how people get around the city. You can’t forget that, because that’s a really big part of the task force’s work.

How to get people walking. How to get them bicycling safer and more. How to get cars less, and the cars that do, get them through where they have to go without stalling and congesting. 

How do you invest in Muni? In its assets, in its transportation, in all of its aspects. How do you work with taxis and all the other car-sharing and automobile sharing companies. It’s not just about taxis, by the way. I hear from my taxi friends as I walk around City Hall, they don’t want to be left behind so we want to bring them in to see the new exciting use of Uber carshare and Lyft… all of those modes have to be paid attention to at the highest level, including investing in the assets of Muni.

I want Muni to be the choice.”

Earlier in the press conference Lee voiced his opposition to all of the hatred pointed at tech companies. 

“People, stop blaming tech, tech companies,” he said. “They want to work on a solution. I think it’s unfortunate that some voices want to pit one economic sector they view as successful against the rest of our challenge. The reality is they’re only eight percent of our economy.” 

We tried to ask a follow up question, but at the end of his answer on Muni, the mayor’s spokesperson Christine Falvey told the Guardian “We’re going to go on a tour now, this is off topic.”

Mayor Lee orders affordable housing push

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Mayor Ed Lee stood on the rooftop terrace between high brick walls of the soon-to-be-built Natoma Family Apartments, and in the distance, the buzz and clanks of nearby construction echoed his message of the day: Build, baby, build. 

Today (Wed/18) the mayor announced an executive directive for all San Francisco government departments with a hand in housing development to prioritize construction of affordable units, from completely below market rate (BMR) projects to those that have a mix of BMR and market rate units. 

The Department of Building Inspection, Mayor’s Office of Housing, Planning Department and others involved with approving development will all reorient their priorities towards getting new affordable housing built — a stark indicator of just how potent this issue has become after months of high-profile evictions and progressive organizing and demonstrations.

“It isn’t always on the private sector, we’ve got to have a stake in the action as well,” Lee told reporters gathered at the Natoma apartment building. 

“(San Francisco) is expensive,” he said, “but we don’t have to accept it. We can do something.”

With the tech-fueled housing crisis pricing out San Franciscans left and right, and Ellis Act evictions surging 170 percent in the last three years, the city is in dire need of housing help. Even the national media has picked up on San Francisco’s rising inequality, even if some local media outlets have been slower to react.  

But as progressives have noted before, you can’t simply build your way out of this crisis, as Lee acknowledged. His directive carries a promise to incentivize an emphasis on middle class housing, which has been particularly lacking in the housing now being built. 

“The other part of this directive is to also get the other departments to work with me and the private sector to build more housing in all the different spectrums, and middle class housing,” Lee said.  

New Housing Project at Natoma street

Mayor’s Office of Housing Director Olson Lee speaks to a reporter on the deck of a community garden at the new Natoma Family Apartments, which will open in January. 

City rules will also change to protect current housing stock. Now, when a loss of housing is proposed, it will need to go through the Planning Commission for a discretionary review hearing. The mayor also formed a working group of city department heads to make recommendations to the mayor on how to preserve and create new affordable rental stock in San Francisco.

“It isn’t always on the private sector, we’ve got to have a stake in the action as well,” Lee said.

The promise of more housing in the city almost sounds too good to be true. Will the mayor’s plans reverse San Francisco’s affordable housing crisis? 

Peter Cohen, co-director of the Council of Community Housing Organizations, said it sounded like a step in the right direction. “The proof’s in the pudding, of course,” Cohen told the Guardian. “It’s the kind of directive that I wish, honestly, would come out a year ago. The answer has been, let’s keep building and hope it fixes itself.”

By prioritizing affordable housing and mixed use housing, the mayor is using the leverage of government to get developers to do the right thing. “If developers are pushed to put more units they’ll do it,” Cohen said.

Let’s hope the new push from the mayor has come in time to stunt the crisis. Even at the Natoma property where he made the announcement, the need of San Franciscans for affordable housing was palpable.

The new Natoma affordable housing building has 60 units, and will open in January. How many San Franciscans applied to live there? 2,806. 

National Park Service asks Presidio Trust to hit the breaks on museum proposals

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The battle over the cultural fate of the otherwise outdoors-oriented Presidio could hit the pause button once again after a high-level letter sent to the Presidio Trust recommended the governing board put a hold on the already slow-moving selection process for a new museum to replace the Sports Basement.

The questions so far have been: Is the proper use of the land one that would allow wealthy filmmaker George Lucas the opportunity to house his art, or would the space make more sense as an interactive museum dedicated to the natural history of the Presidio? Now, this question is being raised: Should any new museums be opening on the Presidio’s quasi-parkland before a larger vision for the Presidio is created?

The Dec. 12 letter from Frank Dean, general superintendent of the Golden Gate National Recreation Area (GGNRA), recommended that the Trust wait for “several years” before deciding exactly which museum should occupy the choice piece of property on the city’s northwestern coast.

“We appreciate that the Trust Board has at least temporarily delayed reaching a decision on the future use of the Commissary site,” Dean wrote in the letter addressed to the Presidio Trust. “However, we must again express our strong recommendation, echoed by many others, that the Trust defer any decision for several years to allow the site to develop in a more comprehensive, thoughtful, integrated, and planned manner.”

Citing a lack of “programmatic and architectural fit,” the letter deemed all three proposals — The Presidio Exchange (PX), the Lucas Cultural Arts Museum, and The Bridge/Sustainability Institute — unfit for imminent development.

But while both the Presidio Exchange and The Bridge plans were referenced philosophically, Dean name-checked the Lucas Cultural Arts Museum with specificity.  

“From the information that has been presented to the public to date,” Dean wrote, “we believe the program of the proposed Lucas Cultural Arts Museum has no genuine or substantive connection to the themes or programs of Crissy Field or the Main Post, or to other Presidio-connected themes that extend far beyond the boundaries of the outpost. While the programs of the proposed museum seem interesting, the museum’s offerings could be located anywhere; therefore, the museum does not merit one of the most important sites in the entire Presidio.”

The finalists for the museum site at mid-Crissy Field answer questions about their proposals (including filmmaker George Lucas).

It is a sentiment held not just by the GGNRA. Supporters of the more synergistic Presidio Exchange plans think the delay in decision will only strengthen the position of both their plans and those of The Bridge/Sustainability.

“I agree with the Trust’s stance,” said Becky Evans, local chair of the Sierra Club. “The Lucas plan fulfilled none of the requirements except for the one about economic feasibility. It didn’t fit in with the park or the surrounding area.”

“The [Presidio Exchange] has done an excellent job, in terms of in a few months preparing their proposal. But there is some value, I think, in waiting to see what the new open space will look like when the tunnels are finished and the bluff is in place,” she said.

But before supporters of the PX declare victory, note that the letter sent to the Presidio Trust was just a recommendation, not a declaration. The Trust could theoretically buck the advice, hand the Sports Basement keys to George Lucas’ group, and then wipe its hands clean of the project; after all, Lucas has offered to foot the bill for his entire project.

“[The recommendation] is not something that automatically makes them hold the process up,” said Alexandra Picavet, spokesperson for the GGNRA. “It’s up to the Trust to assign what weight they would give our recommendation. They could decide not to use it all.”

But, according to GGNRA Director of Communications Howard Levitt, even if the recommendation is ignored, the delay could last indefinitely: Even after a proposed plan is accepted by the Presidio Trust, it would still have to undergo a “follow-up environmental impact statement, done by EPA, [pursuant to] the National Environmental Policy Act, and so we’ll continue to be engaged in this thing going forward.” So, even after a plan is approved by the Trust, the EPA could still hold up the process moving forward.

Those in favor of the proposed moratorium, however, seem to think that the Presidio Trust (who had not yet responded for comment at the time of publication)will agree with the initial recommendation.

“The Park Service’s main responsibility is to protect the resources of the park,” said Evans. “And they’ve been walking, I think, a very fine line trying to do that without coming out specifically and saying, ‘Don’t pick Mr. Lucas.’ I mean, obviously it’s not an appropriate choice.”

Who and what the appropriate choice for the old Commissary ends up being, however, is still up for debate.

For now, it’s a Sports Basement; the only true winner from the GGNRA’s most recent recommendation. At least for now, it may get to stay. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SF Board of Supervisors approves new tenant protections

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

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

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

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

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

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

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

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

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

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

Then, Sup. London Breed spoke up.

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

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

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

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

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

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

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

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

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

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

Bus riding tech workers respond to national spotlight on evictions

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Evictions are rippling through San Francisco. Tensions are high. Tech workers with gobs of cash are driving up the rental market in what may be the newest tech bubble — or the city’s new reality. Protesters took to the street earlier this week, blocking a Google bus to draw attention to gentrification, and our video of a union organizer posing as a Google employee shouting down those protesters lit up the Internet

In the wake of that national spotlight on San Francisco’s outrage, the Bay Guardian decided to talk to the bus-riding techies themselves and ask how they felt about the new tech revolution. Are they at fault for displacing long time San Franciscans? What did they make of Monday’s outrage?

We returned to the scene of the protest, 24th and Valencia streets, where workers from Yahoo, Genentech, Google, and others line up at Muni stops to be whisked away in mammoth private buses. Most had hands in their pockets, turning away when asked questions. Others decided to talk, but none would go on the record with their names.

“We’re very aware of the sentiment in the city against us,” one tech worker with grey hair and glasses told us. “But hopefully this (protest) leads to a positive conversation.”

He said that the envy was understandable. Public transit in the city “isn’t the best,” he said, but pointing to any one company to be at fault isn’t productive. 

“Our economy lacks upward mobility, and the haves and have-nots are divided all over the country,” he said, not just in San Francisco. 

But some of the techies themselves are “have nots,” as one tech worker, a middle-aged Java programmer sitting in Muddy Waters cafe, could attest to. As we watched the tech buses ride by, he told the Guardian he’s been out of work for a few months now. He used to work for a computer sketch software company called Balsamiq. 

He’s lived in the city for 22 years. When he first moved into town, he lucked into renting a room for $175 a month. Now his rent is much, much higher, though he wouldn’t say by how much.

This is not the viral video of the staged argument, but from the same day. A protester enters the Google bus, and a bus rider shouts her out.

“I’m sympathetic,” he said, of the discord on rising rents. “But getting rid of tech isn’t the solution.” He pointed to a need for more affordable housing.

A blonde haired Apple employee told us that although he makes more money than the average San Franciscan, he can’t afford to buy a home here. He’s lived in the city three years, and worked at Apple for four. He took a balanced view of the protest, saying the stunt started a national look at inequality.

“It’s keeping (the conversation) at the front and center. You could argue it’s not fair to target one company, but I see both sides,” he said. 

Tech should do its part to pay its fair share, the 19-year cafe owner of Muddy Waters said. Hisham Massarweh said he likes the tech folk, who are great for business. But the transit issue needs to be worked out, he said. He once got a $250 ticket for parking in the same bus stop outside his store that the tech buses park in every day — ticket and permit free. 

Across the street, Jordan Reznick, a PhD student and teacher at California College of the Arts, said she’s seen many of her friends displaced. “I feel a lot of animosity towards Google and Google workers,” she said, as we sat just behind a line of Google employees waiting for their bus.

“I live in a small place with a family of four,” she told us, as it’s the best she could find in this market.

As she ran off to catch her ride to work, the Guardian approached a man who sat waiting for the same Google bus that was protested earlier in the week. 

“San Francisco doesn’t have its shit together,” he said. The protest was about housing, but San Francisco needs to address that fast. And as for the Google buses, there’s no framework for Google to pay the city, yet. “If they could (pay) they would, going forward I’m sure they will.”

We asked him point blank if he felt guilty watching longtime San Franciscans lose their homes. 

He took a drag of his cigarette, looked me in the eye, and said, “Every day. I love San Francisco with all my heart, and I feel tremendously guilty. Every day.”

As the bus pulled up he hopped on and headed to Mountain View.

Proposal seeks to improve prospects for the formerly incarcerated

Questions concerning an individual’s criminal history have been banned from city agency employment applications in San Francisco since 2006. Now Sup. Jane Kim has proposed legislation to expand the reach of that policy into the private sector and affordable housing.

Introduced at the Board of Supervisors Tue/10, Kim’s legislation seeks to eliminate the bias of first impression that has long plagued the formerly incarcerated.

The Fair Chance ordinance builds upon existing city and state-level fair hiring policies, known as “ban the box” policies, already in place. It proposes to extend them to private businesses and affordable housing providers, as a way to remove “unnecessary barriers to stable housing and employment for individuals with conviction records,” according to a description of the legislation issued by Kim’s office.

“The most important thing to remember is that this is not a hiring mandate,” Kim explained in an interview. “We just want to create a process that’s based on merits.” She added, “We’ve also made it so you can only examine a persons arrest record for the last seven years in order to try to establish some sort of hiring standard.”

Existing “Ban the box” policies forbid employers in the public sector from asking prospective employees about prior criminal convictions in the early application process — essentially eliminating the polarizing “Have you ever been convicted of a crime?” check box from online and paper employment applications. Instead, it requires those that would request a background check to at least meet the person in question first. 

And it is a popular theme: “ban the box” policies in some form can be found in 10 states and more than 50 cities nationwide. Gov. Jerry Brown signed California’s version into law back in October, while the city of Richmond established one of the most progressive “ban the box” policies in America, joining Seattle and Philadelphia as major metropolitan areas to have extended the ban into the private sector.

“Our office has been working on this since January, and we’ve spent lots of time talking to other states and municipalities about what has worked for them,” Kim said.

Under San Francisco’s current “ban the box” policy, individuals with prior felony convictions are permitted to withhold the potentially damning information only if they are applying for a position with the city.

But under the Fair Chance Ordinance, which is co-sponsored by Sup. Malia Cohen, that practice would be extended to all jobseekers looking for private-sector work, at establishments with staffs larger than 20 people, as well as applicants for public housing.

The Fair Chance Ordinance wouldn’t place an outright ban on criminal inquiries, just require employers to hold off on background checks until after the interview, theoretically allowing recently integrated individuals an opportunity to contextualize their past indiscretions.

The idea behind the ban is simple. In the age of impersonal Internet applications, prospective employees are often quickly assessed in a binary manner, separating candidates into categories of hire-able or not the instant their applications are submitted.

And in an ultra-competitive job market, checking a box that condemns your past can condemn your future. There have been myriad reports about folks whose applications have been thrown out the moment that checked box is detected, but under Fair Chance, prospective employees would have the opportunity to get in front of their past.

And that’s the idea. “We’re just trying to help people get a foot in the door,” Kim said. “And we’re just trying to get folks to apply. A lot of [formerly incarcerated individuals] won’t even apply for jobs, because of the ‘box.’”

Official SF bike count shows big increase, but not big enough to meet city goals

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As anyone who has traveled the streets of San Francisco knows, there’s an increasing number of bicyclists out there. And the just-released biennial bike count from San Francisco Municipal Transportation Agency attempts to quantify that increase: 14 percent since 2011.

The agency counted bikes at 51 key intersections around the city during the afternoon/evening commute from Sept. 10-19, counting a total of 23,225 bikes. Comparing 40 counted intersections in 2011, that’s a 14 percent increase; or a 96 percent increase since 2005 when comparing the 20 intersections measured then.

The San Francisco Bicycle Coalition trumpeted the report as good news, including in its press release this quote from Mayor Ed Lee: “Every year we are seeing more people riding a bicycle in San Francisco, and the latest bicycle count data proves it.” And SFBC Executive Director Leah Shahum said, “It’s clear that if we build it, they will come. No other mode of transportation is growing as fast or has a higher return on investment in terms of improving our city for everyone.”

But the reality is that the city is lagging far behind its own stated goals to make cycling a safer and more attractive transportation options, largely because of a severe underinvestment in its cycling network. The report notes that the city has invested $3.3 million in its bike network since 2011, but that was mostly playing catch-up from when a court injunction stalled all bike projects in the city for four years.

The SFMTA report doesn’t calculate the critical number in terms of how we’re really doing — transportation mode share, or the percentage of overall vehicle trips taken by bike — an estimate it is now working on in a separate study.

An American Community Survey in 2012 put SF bike mode share at less than 4 percent, which is a far cry from the 20 percent by 2020 that is the city’s official goal, one it has little chance of meeting without a serious increase in infrastructure investment and other changes. The SFMTA’s own stated goal is 8-10 percent mode share by 2018, the result of failure to make needed investments, which amounts to an admission that the city’s official goal is little more than political pandering.

“We’re still moving forward on all the goals that we set to accomplish, but we do have have funding needs,” SFMTA spokesperson Paul Rose told us, insteading emphasizing the agency’s goal of attaining a 50-50 split between private automobile use and all other modes of transportation, including Muni and cycling.

The SFBC has worked in close partnership with the city, but the continuation of Shaham’s quote in her press release also indicates that she’d like to see the city doing more to promote safe cycling: “It’s time for the City to truly invest in our bicycle network, and ensure that our City’s streets are welcoming and comfortable for the growing number of people riding.”