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Politics Blog

555 Fulton project moves forward with exemption to formula retail ban

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The San Francisco Planning Commission yesterday approved a plan to build a mixed-use five-story building on the hotly debated 555 Fulton St. property. The plan includes a grocery store measuring 32,400 square feet in addition to 139 apartments and townhouses that would be built above and around the designated shopping area.

It wasn’t a unanimous vote, but the Western Addition is inching toward the affordable grocery store that many in the neighborhood says it desperately needs. The 4-2 vote to exempt the project from the area’s formula retail ban — Commissioners Kathrin Moore and Hisashi Sugaya voted for a continuation instead — was reached after nearly two and a half hours of deliberation, presentations, and local testimonials.

The commission’s decision moves on to the Board of Supervisors, where the discussion of affordable food and whether that can only be provided by a national supermarket chain will likely continue.

In May of 2010, the Planning Commission approved a similar project to the one currently proposed: The then-developers had secured a Special Use District (SUD) called the Fulton Grocery Store SUD back in 2008 —a distinction which lifted the restriction on large-footprint retail outlets in the Hayes-Gough Neighborhood Commercial Transit District — as well as a Conditional Use Agreement (CUA) that lifted the ban on “formula retail outlets” only for the proposed tenant of the specific unit.

But the developers could finance the project and its entitlements expired on April 3, 2013. Renewing the SUD and CUA were key to yesterday’s discussion. Without the SUD, the neighborhood’s current zoning policy would state that the grocery store’s footprint alone would be too large to permit. But with the SUD, the developer is not just obliged but rather forced to seek a tenant that will build a grocery store “larger than 15,000 square feet.” That means that the outlet would finally be the full-service grocery store the neighborhood has called for.

The SUD, however, isn’t the contested item. Both the Western Addition residents and the members of the Hayes Valley Neighborhood Association (HVNA) and the Hayes Valley Merchant’s Association (HVMA) agree that a grocery store at 555 Fulton is ultimately a good thing, but that is where the similarities end.

The HVNA/HVMA want to uphold the Hayes-Gough NCT’s outright ban on formula retail that’s been in effect since 2004, a move that would effectively force the developer into trying to find an independently owned suitor for the 32,400 square foot space, claiming that “independent” and “affordable” aren’t mutually exclusive.

The residents of the Western Addition want a store that falls under the “formula retail” umbrella, citing fair hiring practices and affordability of goods often found at those outlets among other reasons for the preference.

According to developer representative Jessica Zhou, however, of the City’s 31 independent grocery stores, just two measured over 15,000 square feet (the minimum size allowed in the SUD), and of those two, exactly zero had expressed interest in the location.

On the other hand, according to Zhou, a tidy list of “formula” stores have expressed interest in the site, among them Grocery Outlet and The Nugget, which means that the HVNA/HVMA are now holding out for something that isn’t even on a theoretical horizon.

Commissioner Richard Hillis agreed, and he even joked about his own troubles with the affordability at independent grocery stores, a joke that Zhou’s statistics supported, citing a study that found the average shopper in California saves 35 percent more money when shopping at a formula retail grocery outlet over of an independent one.

The public support might have been strong, but the project hasn’t been approved yet. Even with the support of the Planning Commission, the Western Addition neighborhood and the developers, nothing can happen until the Board of Supervisors approves the same plan, and that means that both sides have time.

“We believe that this project will help two-fold: One, economically [by providing] jobs and opportunities for our young residents — individuals from the neighborhood — but also, it will provide access for our seniors to have the opportunity to walk to the store and get out of their homes and be able to be a part of the community,” said Gary Banks, a Fillmore resident.

Or as Dirk Butler said, ” The reality is an affordable grocery store is the best fit for our community. We have seniors, low-income immigrants that are within a half a mile of a grocery store that they have to trek in order to buy groceries for their family. This is a good move.”

 

Airbnb makes small admission on tax issue, saying its hosts should pay

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Under pressure in San Francisco and New York City for violating local tenant and land use laws and refusing to pay local taxes, Airbnb has finally acknowledged that transient occupany taxes apply to the room rentals it facilitates. But the company still hasn’t taken any public steps to collect the tax, nor has it admitted that it shares this tax debt with its hosts.

“Our hosts are not hotels, but we believe that it makes sense for our community to pay occupancy tax, with limited exemptions for those who earn under certain thresholds,” CEO Brian Chesky wrote on the Airbnb blog yesterday, addressing the post to New York City and not San Francisco, where it is headquartered and where we have shown the company is shirking an annual tax debt of nearly $2 million.

Contacted by the Guardian, a company spokesperson extended the pledge to San Francisco, writing, “Yesterday, our CEO Brian Chesky announced that we believe it makes sense for our community of hosts to pay occupancy tax to the cities in which they live, with exceptions under certain thresholds, and we are eager to discuss how this might be made possible. We have been in substantive discussions with Board President David Chiu on these issues for some time, and we’d like to thank him for the open dialogue that helped lead to today’s announcement. We look forward to continuing our work with him and others in San Francisco to set forth clear, fair laws that allow regular people to rent out their own homes, while giving back to the city that makes it possible.”

As the Guardian has repeatedly reported, most recently in our Aug. 6 cover story “Into Thin Air,” the San Francisco Treasurer/Tax Collectors Office has ruled that the city’s TOT of about 15 percent applies to Airbnb guests, and that Airbnb shares that joint tax liability with its hosts.

The ability of individual hosts to receive business licenses for renting out rooms and to collect and remit the TOT is complicated by the fact that such rentals violate land use, tenant, and other city laws — and Chiu has been developing legislation that would legalize and regulate the stays.

Airbnb could easily collect the TOT on each San Francisco transaction, as some of its online competitors have already been doing, but it has so far refused to do so. And when the Guardian asked Airbnb whether it now plans to do so, the company ignored the question.

In fact, Airbnb’s public statements and private communications indicate its intention to pass the buck to its hosts rather than collect and pay the taxes itself, and several hosts who commented on Chesky’s blog post expressed hopes they would get more support from the company on the myriad issues that complicate its simplistic business model.

Nonetheless, Chiu took the Airbnb’s statement yesterday as a positive sign, telling us, “I am pleased to hear that Airbnb has acknowledged the need for their users to pay the occupancy tax. This policy was developed as a result of discussions that I’ve led in the past year to regulate and tax shareable housing activity in San Francisco. While we continue to negotiate with shareable housing companies, housing advocates, and the Mayor’s Office to find sensible solutions, I am confident that we will be able to move forward on a regulatory framework that provides flexibility to residents, protects our affordable housing stock and collects the fair share of taxes for the City. I look forward to introducing legislation in the coming months.”

 

Chain store ban and affordable groceries at issue in 555 Fulton debate UPDATED

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UPDATED San Francisco’s resistance to formula retail stores will be put to the test tomorrow (Thu/3), when the San Francisco Planning Commission will vote on the 555 Fulton St. project.

The project — a five-story, 136-unit residential building with a ground-floor supermarket, complete with up to 275 total parking spaces— has been bobbing in purgatory since 2010, when developers were stalled by the withering economy.

But dried-up finances aren’t what’s now holding up the development of this project in an area governed by the Market and Octavia Better Neighborhood Plan and the Formula Retail Use Ordinance, both of which discourage national chains in favor of locally owned businesses.

Debate is centering on the question of whether the formula retail ban prevents an affordable grocery store from going in at the site, as the developer contends. The politics surrounding the project have gotten heated, with Hayes Valley Neighborhood Association supporting the ban on chain stores; the Mayor’s Office, Chinatown power broker Rose Pak, and Planning Director John Rahaim supporting the developer and project contractor Walter Wong; and Dist. 5 Sup. London Breed caught in the middle.

Last week, her legislative aide Vallie Brown told HVNA that Breed would support their request for a continuance at tomorrow’s meeting while they explore ways to attract an affordable local grocer, but Breed seems torn between what she told the New Yorker recently were desires to make affordable groceries available and prevent the boutiqueing of Hayes Valley, and her support for the formula retail ban.

“Breed said that despite the ban, she’s willing to allow a chain grocery store into the area to make it more affordable for residents,” reporter Lauren Smiley wrote in the article. The Guardian has been unable to reach Breed or Brown this week.

[UPDATE: Breed told the Guardian that her biggest concern is that the grocery store is affordable to the three low-income housing projects located right across the street, and she has yet to be convinced that can happen without breaking the formula retail ban at the site, despite working on the issue with both activists and the developer.

“It’s a challenge, I get that,” Breed told us. “I want the developer to operate with me in good faith and make a serious long-term commitment to me that this will be an affordable grocery store.”

But she doesn’t yet have that full commitment, and she says that she’s planning to honor her commitment to activists and ask that the formula retail waiver be delayed today even if the rest of the project goes through. “Ultimately, I asked them to be a good community partner,” she told us.]

For Hayes Valley, this has been a near decade-long process. In 2004, the Board of Supervisors first outlawed these generic retailers from opening up shop within the Hayes-Gough Neighborhood Commercial Transit (NCT) District when it passed Ordinance No. 62-04, classifying “formula retailers” and limiting their impact within unique neighborhoods. The ordinance keeps local businesses viable, keeping deep-pocketed corporations out.

The 555 Fulton project falls somewhere between the Hayes-Gough NCT and the Residential Transit Oriented District (RTO), and currently, a two-story, 19,620-square-foot office and industrial building with about 70 surface parking spots inhabits the address.

Both the neighborhood residents and the developers have historically felt that the property would make for an excellent grocery store. “What” has never been an issue with the property. “Who” on the other hand, has been the biggest issue.

In order for 555 Fulton to be developed by a “formula retail” outlet — which have been the only types of occupants the current developers believe to be able to pay the exorbitant established rent costs  — the property technically located in the Hayes-Gough NTC needs to be designated as a “Special Use District” (SUD).

An SUD adjusts the land use controls and height restrictions for a specific piece of property, in this case allowing for a “grocery store larger than 15,000 square feet of gross occupied floor area, as well as residential uses meeting a minimum density of one dwelling unit per 600 feet of lot area.” And up until April, the property was an SUD.

Back in 2008, 555 Fulton was granted its SUD by Section 249.35A of the Planning Code Section, which established the “Fulton Street Grocery Store Special Use District.” In 2010, the Planning Commission approved both a Conditional Use Authorization and a Planned Unit Development, allowing the developer of the subject property to build their mixed-use grocery store-residential building. Neither of these exceptions allowed for a “formula retail” outlet at the time, but interest still seemed solid.

Then everything stalled. And stalled. And stalled some more. Things have remained idle for so long that the five-year window given to the Fulton Street Grocery Store SUD expired this past April. Now, the developers are asking for five more years on the same Fulton Street Grocery Store SUD that was allowed to a different development group in 2008.

But it isn’t exactly the same request this time: Now the developers are trying to get an SUD without a provision on “formula retail” outlets, and both sides are expected to turn out big numbers on each side of the question at tomorrow’s hearing, which starts at noon in City Hall Room 400.

Alleged Silk Road owner busted in San Francisco

The government may have shut down, but that didn’t stop the feds from arresting Ross William Ulbricht, allegedly the owner of the Silk Road, an underground website that allows users to buy and sell drugs and other illicit items anonymously. The FBI also seized the equivalent of more than $3 million in Bitcoin, the cryptographic alternate currency used to make Silk Road transactions.

According to the Chronicle, Ulbrecht, who is 29 and lives in Hayes Valley, was arrested yesterday afternoon (Tue/1) at the Glen Park Library. He faces charges of narcotics trafficking conspiracy, computer hacking conspiracy and money laundering conspiracy. The FBI also alleges that he tried to hire a hit man to go after a Silk Road user who was threatening to release the identities of Silk Road users.

According to the complaint, Ulbricht operated under the alias “Dread Pirate Roberts.”

The complaint said the Silk Road had generated sales revenue totaling 9.5 million Bitcoins and collected commissions totaling 600,000 Bitcoins. “These figures are roughly equivalent today to approximately $1.2 billion in sales and approximately $80 million in commissions.”

Finally, this profile of the Dread Pirate Roberts published in Forbes provides some insight about the person behind the Silk Road. Apparently, he’s a rebel with a cause:

“Roberts also has a political agenda: He sees himself not just as an enabler of street-corner pushers but also as a radical libertarian revolutionary carving out an anarchic digital space beyond the reach of the taxation and regulatory powers of the state – Julian Assange with a hypodermic needle. ‘We can’t stay silent forever. We have an important message, and the time is ripe for the world to hear it,’ says Roberts. ‘What we’re doing isn’t about scoring drugs or ‘sticking it to the man.’ It’s about standing up for our rights as human beings and refusing to submit when we’ve done no wrong. Silk Road is a vehicle for that message,’ he writes to me from somewhere in the Internet’s encrypted void. ‘All else is secondary.’”

SFPD targets bikes before hearing on its anti-cyclist bias

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As it prepares for this Thursday’s Board of Supervisors hearing examining allegations that its officers are biased against bicyclists, the San Francisco Police Department has quietly started enforcement stings focused on cyclists riding the Wiggle, one of the city’s most popular and heavily traveled bike routes.

I was among a series of cyclists stopped by one of two motorcycle cops on Saturday night as they stood on Waller Street waiting for cyclists to make that left turn off of Steiner, the first in a series of five turns known as the Wiggle, a key bike route connecting the east and west sides of town.

The sting operation — a term that Officer R. Scott, who stopped me, denied, although that’s clearly what it was — was like shooting fish in a barrel for these guys, given that thousands of cyclists a day roll through the stop signs on the Wiggle on their way to work, school, or errands.

Since being pulled over, I’ve heard this was part of several recent enforcement actions targeting cyclists on the Wiggle, supposedly driven by neighborhood complaints. Although Scott took down my driver’s license information, entered my information into the system, and issued me a citation — lecturing me along the way, and getting an earful from me in response — he waited to the end to tell me it was only a warning (actually, it was his partner who said that he should give me a ticket rather than a warning because of how I was expressing myself, but Scott said it was too late).

I’ve asked the SFPD a series of questions about the reasons for and goals of this stepped-up enforcement against cyclists, as well as about the timing, stats, and other information. I’ll update this post if and when I get a response.

For conservative law-and-order types, it probably doesn’t seem like there’s much to discuss here. Cyclists run stop signs, that’s against the law, end of story. But if San Francisco is going to continue to encourage people to ride bikes — with all the societal benefits that brings — it needs to take a more realistic and progressive approach to this issue.   

The California Vehicle Code Section 22450(a), which I was accused of violating, doesn’t distinguish between cars and bikes when it states, “The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.”

Unlike the traffic laws in Idaho, which do have different standards for bikes and cars and where my approach of yielding but not stopping would have been legal, California has traffic laws that are hopelessly mired in another age, before global warming, air pollution, traffic gridlock, skyrocketing automobile fatalities, and other factors caused society to rediscover and embrace bikes as a beneficial mode of everyday transportation.

And when state or federal laws have lagged behind public opinion and behaviors, San Francisco has often been at the forefront of radical reform, as we have done on immigration, marijuana, civil liberties, rent control, marriage equality, and other issues where we have refused to go along with an unjust or unrealistic status quo.

How we get around, and the right to be treated with dignity and respect for the reasonable choices that we make, belongs on that list. The number of cyclists on the streets of San Francisco has surged in recent years, and it’s the official policy of the city to favor that mode over the automobile and to work toward the goal of having 20 percent of all trips be by bicycle by the year 2020.

That probably won’t happen without many more bike lanes — and it definitely won’t happen if bicyclists are expected to stop at every stop sign. Momentum matters on bikes and they become a far less appealing mode of transportation if we’re forced to come to a complete stop at every intersection, an unrealistic approach that impedes the smooth flow of not just cyclists, but motorists, Muni, and pedestrians as well.

Sup. Jane Kim called the hearing on how the SFPD handles cyclists — which is scheduled for this Thurday at 10am before the board’s Neighborhood Services and Safety Committee — after the Guardian helped expose some truly appalling anti-cyclist bias by the SFPD.

San Francisco Bicycle Coalition Executive Director Leah Shahum said that cyclists will call for better training and investigations of traffic collisions involving bikes, as well as a shift in how the SFPD polices the streets. She said her message will be, “Focus limited traffic enforcement resources on known dangerous intersections and known dangerous behaviors.”

And she said the bicyclists on the Wiggle just don’t meet those criteria. “When you look at the data on the Wiggle, it’s not a high collision area,” Shahum said, confirming reports that the SFPD has done bicycle stings on the Wiggle on at least two days in the last week.

Shahum acknowledges that there are sometimes conflicts and that bicyclists aren’t angels, noting that the SFBC has recently done events on the Wiggle encouraging bicyclists to ride carefully and yield to pedestrians and motorists when they have the right-of-way.

But she that Police Chief Greg Suhr has repeatedly called for each police district to “focus on five,” using traffic data to target the five most dangerous intersections in each district. As she said, “We’re asking the police to live up to have they’ve said, over and over.”

As for changing state law to adopt Idaho’s bike standards, Shahum said that the difficult, multi-year effort just to get a weak bike buffer law recently signed into law shows that’s probably not realistic. But here in San Francisco, there’s much more we can do to encourage safer cycling and road sharing.

Problems arise from Due Process for All amendments

At today’s (Tue/1) meeting, the San Francisco Board of Supervisors is expected to grant final approval to Sup. John Avalos’ historic legislation, Due Process for All, which limits cooperation between local law enforcement and federal immigration authorities under the Secure Communities program (S-Comm). But now that amendments have been incorporated in an effort to fend off a mayoral veto, the San Francisco Sheriff’s Department has raised questions about whether the law can actually be implemented as written.

With the aim of reducing deportations and extending the Constitutional right to due process to all San Francisco residents, the legislation prohibits local law enforcement from complying with requests by Immigration and Customs Enforcement officials to detain individuals who are otherwise eligible for release from custody. The requests are made under S-Comm, an information-sharing program between ICE, the California Department of Justice and the FBI that allows authorities to check fingerprints against immigration databases.

ICE issues civil detainer requests, which aren’t mandatory, asking local agencies to hold individuals for up to 48 hours to make time for the detainee to be taken into immigration custody. While warrants must be supported by probable cause, there is no such requirement for a detainer request.

An earlier draft of Avalos’ legislation barred the Sheriff’s department from ever honoring such requests. But now that the legislation has been amended with “carve-outs” directing the sheriff to comply with the ICE requests in certain cases, Sheriff Assistant Legal Counsel Mark Nicco is uncertain about whether his staff will actually be able to do the things the law requires of them.

“I ask that there be a consult about operational concerns. It’s the unintended consequences which brings me here before you today,” Sheriff Ross Mirkarimi told supervisors at the Sept. 24 meeting.

“The sheriff does want to comply with the intent and details of this legislation,” Nicco told us. But as things stood late last week, there were “concerns about whether we’d be able to implement certain aspects.” Nicco said his office has been meeting with the City Attorney and Avalos since the Sept. 24 meeting, in an effort to iron out some of those problems. “We want guidance on what their intent is, and for them to understand our physical roadblocks and operational issues,” he said.

The amended legislation directs the sheriff’s department to detain someone in response to an ICE request in cases where that person has been “convicted of a violent felony in the seven years immediately prior.” But the definition states, oddly, “the date an individual is convicted starts from the date of release.”

That’s confusing, Nicco told us. For one thing, there’s a big difference between the date someone is convicted of a crime, and the date they’re released after having served time as punishment for that crime. Unless the person was arrested and held in San Francisco, Nicco said, “The date of release from a prior conviction is not something … we can easily determine.”

The second criteria for when a person can be detained for ICE presents another obstacle, Nicco said. According to the amended law, someone can be held if “a magistrate has determined that there is probable cause to believe the person is guilty of a violent felony and has ordered the individual to answer to the same.”

But Nicco said the Sheriff’s department has no ready access to this information. “We do not have access to whether a person has been held to answer a certain charge,” he explained. “We would have to go to Superior Court and request information.”

The carve-outs were added, in part, to garner enough votes for a veto-proof majority approval. Mayor Ed Lee had threatened to veto the law as it was previously written, and police chief Greg Suhr had expressed concerns that it would shield violent felons from deportation.

But those exceptions to the rule have resulted in a lack of clarity and obstacles to implementation, Nicco said. “If it were flat-out, no ICE detainers, it wouldn’t be an issue,” he noted.

A coalition of advocates from immigrant communities plans to attend the Tue/1 meeting to celebrate the final approval of the law, even though it is a compromised version.

“The amendments, unfortunately, do allow potentially unconstitutional immigration ‘holds’ under very limited circumstances,” advocates with the California Immigrant Policy Centered noted in a media advisory. “But the ordinance will protect most San Franciscans from the abusive requests.” 

Mayor Lee responds to political furor with more funding to fight evictions

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We’re not sure whether it was the high-profile recent protests against the eviction of the Lee family, our well-read “City Hall must address rising rents” editorial or eviction and gentrification coverage last week, our earlier focus on record eviction rates, or just the growing view that City Hall is too friendly to landlords and neglectful of tenants, but the Mayor’s Office has finally awoken to the biggest issue facing this city.

With skyrocketing rents — and with increasingly common efforts by the landlords of rent-controlled apartments to take advantage of that market by forcing out their tenants — Mayor Lee this afternoon announced that he’s tripling funding to fight illegal Ellis Act evictions, making populist statements along the way.

Now, spending an additional $700,000 to fight greedy, deep-pocketed landlords is not exactly going to change the playing field, but it’s a nice gesture and an indicator that Mayor Lee is starting to notice the problem. Hopefully, with pressure by progressive politicians and activists, this will be just the first of many such actions.

His press releases follows in it entirety:

*** PRESS RELEASE ***

MAYOR LEE ANNOUNCES ADDITIONAL RESOURCES FOR EVICTION PREVENTION IN SAN FRANCISCO

San Francisco to increase resources to support residents and families affected by illegal Ellis Act evictions and releases Eviction Prevention Funding from Housing Trust Fund

San Francisco, CA—Mayor Edwin M. Lee announced San Francisco will triple the amount of funding to prevent illegal Ellis Act evictions and that the City will release $700,000 in funding for other eviction prevention services from the Housing Trust Fund.

“San Francisco must remain a viable place to live and work for people at all levels of the economic spectrum,” said Mayor Lee. “That’s why I am providing additional resources to stop unlawful evictions and provide tenant counseling for our residents, so that San Francisco remains a City for the 100 percent.”

The Human Services Agency (HSA) currently provides nearly $8 million in homeless prevention and eviction defense services, an increase of $1.3 million from last year’s budget. In this year’s budget, the City was providing nearly $125,000 to fund free legal advice and represent 55 San Francisco families who have been affected by illegal Ellis Act eviction threats. Today, Mayor Lee tripled the amount of funding with an additional $250,000, which will immediately be available to eligible organizations that provide Ellis Act prevention legal work and will help more families and people at all levels of the economic spectrum remain in San Francisco.

“Providing resources to stop unlawful evictions has proven to be one of the most effective strategies to prevent displacement and homelessness in our City,” said Trent Rhorer, Director of the San Francisco Human Services Agency. “This additional $250,000 will help keep San Francisco families in their homes.”

The Mayor’s Office of Housing will also provide $700,000, from the Affordable Housing Trust Fund, to fund tenant counseling services. This is a 63 percent increase in funding and brings the total amount to more than $2.3 million in eviction prevention services from the Mayor’s Office of Housing. These additional resources will be distributed to community based organizations specifically expanding legal representation for individuals facing eviction; rental assistance to individuals and families who are currently homeless or are struggling to keep their current rental housing; and to provide outreach to San Franciscans to better inform them about their legal rights.

The Mayor’s Office of Housing has prioritized eviction prevention services and funds activities including legal services, tenant counseling, rental assistance, move-in assistance, know your rights trainings, and other types of tenant support.  Services are offered through a diverse group of community based organizations that reach San Francisco’s many communities including seniors, people with disabilities, immigrants, the homeless and families.

The HSA will issue an ‘Invitation to Bid’ this week so eligible organizations can apply and use the HSA funding to expand their legal services in order for them to be available to vulnerable tenants within 30 days. It is anticipated that the additional HSA funds will help at least 150 households receive legal advice and representation.

 

 

 

 

Industrial hemp legalized in California

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After being stuck in legislative limbo for 14 years, industrial hemp will soon be a legally sanctioned agricultural crop in the state of California.

The California Industrial Hemp Farming Act (SB 566) was signed into law on Wednesday by Gov. Jerry Brown, after years of deliberation dating back to 1999, a process that included multiple gubernatorial vetoes. The freshly signed law will allow approved California residents to grow hemp for industrial purposes by reclassifying the once-felonious plant as a “fiber or oilseed crop.”

SB 566, a bill championed since 2005 by Sen. Mark Leno (D), defines industrial hemp as the “nonpsychoactive types of the plant Cannabis saliva L. and the seed produced therefrom, having no more than 3/10 of 1 percent of tetrahydrocannabinol (THC) contained in the dried flowering tops.” 

In simpler terms: It doesn’t protect marijuana, but rather marijuana’s less mind-bending cousin, which is far more useful as a raw industrial material.

“We are very pleased to have the signature,” Sen. Leno told the Guardian. “It’s been a 10-year effort to get here. It’s a job still, but [the passing of SB 566] will help sustain family farms in California for the future and likely create more job opportunities. Hemp is a $500 million a year industry in California, and it’s growing at 10 percent annually.”

California now follows in the footsteps of nine other states and 30 other countries that have reclassified the innocuous plant as a crop with agricultural and commercial value. And it is quite valuable.

“This is a miracle plant that has served the planet earth well for, literally, millennia, and that we currently legally manufacture and sell thousands of hemp products including food, clothing, shelter, paper, fuel, all biodegradable products,” said Leno. “It’s renewable every 90 days, grows without herbicides, pesticides and fungicides, and needs less water than corn. It is the definition of sustainability.”

But the reputation of hemp hasn’t always had champions like Sen. Leno. Since the initial proposal of HR 32 back in 1999, the bill has been vetoed four times by three different governors. Former Gov. Arnold Schwarzenegger cited a “false sense of security” he feared would be cultivated amongst the growers of the crop, due to its illegality at a federal level.

Gov. Brown had previously shot down the proposed legislation in 2011, citing a gap in state and federal law as the reason. However, he did remark in his veto message at the time that “it is absurd that hemp is being imported into the state, but our farmers cannot grow it.”

And it would seem that Brown’s recognition of hemp’s merits finally outweighed his concern over the potential for California growers to face federal prosecution, which is a major relief for the architects of SB 566. Now Californians can stop relying on imported hemp from Mexico and Canada (among other places) and start legally manufacturing their own.

“We currently manufacture literally thousands of [hemp] products — legally — and sell them,” said Leno. “This is why this issue has been so nonsensical.”

The “nonsensical” issue has had deep roots, given hemp’s historically ambiguous federal standing. As Brown’s 2011 veto message noted, “federal law clearly establishes that all cannabis plants, including industrial hemp, are marijuana, which is a federally regulated controlled substance.”

But that isn’t a universally held assertion. Back in 1970, the Ninth Circuit Court of Appeals ruled that the federal Controlled Substances Act of 1970 “explicitly excludes nonpsychoactive hemp from the definition of marijuana,” a decision that the federal government never appealed. It’s a decision that Sen. Leno agrees with.

“We’ve always believed that there is no federal preemption, because we believe that that court case ruled that Congress had knowingly exempted industrial hemp from the Controlled Substances Act of 1970 –because it’s not a drug,” said Leno.

Now the state of California can do what more than 30 countries (including Canada, Great Britain, France, Germany and China) and nine states are already doing: Cultivating and processing a plant that many have touted as the “miracle plant.”

Now that SB 566 has passed, however, the looming question still remains as to how the federal government will respond. But Leno is confident that it will respect the will of California lawmakers.  

“I have great confidence in a recent statement by Attorney General Eric Holder,” said Leno. “He’s said that if a state puts into place a legal allowance and regulatory scheme, that the federal government would not interfere with marijuana. Now, we need clarification between hemp and marijuana, but there’s no sensical way that that could be interpreted that hemp is excluded, given that hemp’s not a drug.”

Either way, hemp is on the horizon here in California.

After an exciting America’s Cup finish, San Francisco tallies its score

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When Oracle Team USA completed a stunning comeback yesterday to retain the America’s Cup, winning eight consecutive races, it was indeed a big sporting moment. It even had us skeptics at the Bay Guardian, who had already expressed sympathies for the Kiwi team, anxiously following the action. But the question remains whether this overhyped sailing competition will be a win for the host city of San Francisco.

That verdict won’t come in until November when race organizers and city officials finish collecting and counting revenues and expenditures related to the regatta. But it’s certain to be better from a fiscal perspective than it looked like a week ago, when the New Zealand team seemed to be headed for a blowout victory.   

For Larry Ellison — Oracle co-founder, team owner, lead champion for the AC-72 cause and de facto face of the 34th America’s Cup — it must have felt like a disaster. His $100-plus million nautical investment was tanking, attendance and revenue figures were falling far short of expectations and the support he had from the local sailing community was quickly turning malignant after Oracle lost the day’s only race, falling to 1-8 and facing seven consecutive match-points. 

But then Oracle started winning. They figured out the tricky upwind legs that had plagued them for the first two weeks of racing. They replaced their fired tactician with four-time Olympic gold medal winner Ben Ainslie. They started beating the snot out of Team New Zealand and in the races they were losing, Mother Nature would toss them lifesavers disguised as strange patches of wind. 

After weeks of fumbling, it looked like the moles had found their own mallet and were whacking away at their tormentors, and they were doing so to the tune of an unprecedented winning streak. And with it, the America’s Cup image underwent a radical transformation; both in sport and in reception. 

The change in sport is simple — both teams have figured out how to race the 13-story tall sailboats through the unpredictable weather patterns and intense ebb tides —but the change in reception is anything but. As of last Wednesday, Pier 27 was dominated by Team New Zealand supporters. Nearly everyone in attendance was waving a New Zealand flag or wearing one, and the few Oracle fans left seemed to be nothing more than lost tourists who stumbled upon the international event.

But support for Oracle steadily grew during their winning streak — Americans do love a winner — and now it looks like support for the event has been as well, something that can be attributed both to Oracle’s winning streak and the necessity for Kiwi fans to finally go home after over a month of competition.

As four-time Cup attendee Sonny Shaw told the Guardian, “I  had to change my flight and pay a lot of money, about 400 US dollars at this stage, to stay till [Tuesday]. I was hoping it would be finished by Monday.” 

As it was every single Kiwi in the park. But the numbers are representative of this trend: As of Sept. 18, according to Cup organizers, the gates had drawn just 700,000 of the 2 million anticipated attendees. Ellison and his team had raised $16.5 million of the $20 million needed to offset the city’s costs (with a reported $14 million going toward the reimbursement), and broadcasts were drawing about 1 million viewers domestically, which meant that the Cup was failing to deliver on virtually all of its promises.  

But the extra race days have drummed up interest both in the competition and in the precariously perched Oracle Team USA. The crowds — by the end ostensibly split between Emirates and Oracle as each passing day thins out the Kiwi crowds — became far larger, more raucous and more star-spangled. 

The decks were packed, the cheers are both loud and informed, and the local venom present for the first week-and-a-half of racing is at a minimum. 

Even expectations might be met. The overall goal of 2 million attendees still seems downright impossible, but as of Monday evening, 926,000 official attendees had been counted, not including those who watched the race outside of officially designated areas (up 226,000 in less than a week, according to Cup officials). In addition to the attendance spike, the 6,500 jobs that were created for the event are still paying out and the extra time only increases the likelihood that the full $20 million bill the City was expected to foot will be offset by private funds.

It was a helluva ride, San Francisco. Was it worth it? We’ll see.

New policies, and a court ruling, protect whales from ships in SF Bay and along the Pacific coast

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Whales, dolphins, and marine mammals in the San Francisco Bay and along the California coast could be better protected by a federal court ruling on US Navy exercises and new policies being put in place to prevent whales from being struck by ships.

US District Court Judge Nandor Vadas issued a ruling late yesterday (Wed/25) finding that the National Marine Fisheries Service failed to protect thousands of whales, dolphins, sea lions, seals, and porpoises from Navy training exercises along the Pacific coast. It requires the agency to reconsider permits and whether they violated the Endangered Species Act.  

“This is a victory for dozens of protected species of marine mammals, including critically endangered Southern Resident orcas, blue whales, humpback whales, dolphins, and porpoises,” said Steve Mashuda, an Earthjustice attorney representing a coalition of conservation and Northern California Indian Tribes. 

Meanwhile, in an unrelated development, the issue of an increasing number of whales strikes in the bay has been getting some proactive attention from regulators, who have developed safer new shipping polices and a whale tracker application.  

The issue drew attention in 2010 when at least five whales that had been struck by ships beached themselves and died, that is thought to be only a small indicator of a much larger problem.

“According to experts, only about 10 percent of whales killed by strikes show up on beaches,” lead researcher Dr. Jamie Jahncke of Point Blue Conservation Society, which has been working with the Coast Guard on ways to make the bay safer for whales.

The Coast Guard implemented narrower and longer shipping lanes beginning June 1 in San Francisco Bay, as well as in Los Angeles and Long Beach, in an attempt to reduce the number of whale strikes in these regions. The Coast Guard has also begun directing ships to reduce their speed when entering and exiting the bay to no more than 10 knots.

The purpose of the change in the shipping lanes is to keep ships out of primary whale habitats and other areas where they are typically found. Jahncke believes these changes will reduce the interaction between whales and ships by 70 percent.

Both Jahncke and Melissa Pitkin, also of Point Blue, see these new policies as a good thing.

Jahncke called the changes “very positive” and added they are good “for human safety and benefit wildlife as well.”

Pitkin says the Coast Guard “has been a great participant” and part of a “great collaborative effort” to make waters like San Francisco Bay safer for the whales.

While the new shipping lanes keep ships out of areas in which whales are most commonly found, the animals do not confine themselves to only those parts of the bay. Researchers go out on the bay to collect information on where the whales go and congregate, but they are only out there three to five weeks out of the year.

This is why, Jahncke says, they “need additional help… [and] eyes out on the water.”

Researchers have been seeking ways to further reduce the chances of ships striking whales in San Francisco Bay. They have recently decided to enlist the public’s help with the implementation of the new Whale Spotter app, which will allow anyone out on the water to report where they see whales.

The hope is that whale watchers, recreational fishers, and others will use the app to report any whale sightings. Point Blue will then be able to use the information provided via the app to “make maps and represent the data in a way NOAA can use it,” says Jahncke.

Pitkin further addresses the purpose of this app.

“The goal is to get information available in real-time to mariners about where whale concentrations are so they know” how to alter their course or speed.

The app is not the only way members of the public can join in the efforts to protect local whales. Point Blue is seeking financial contributions to aid their effort to raise funds for the app and ongoing marine research. People can visit www.prbo.org/ to make a donation.

Meanwhile, the federal courts are now asking the US Navy and the agencies that permits its navel exercises to also take heed of their impacts to aquatic ecosystems.

“NMFS must now employ the best science and require the Navy to take reasonable and effective actions to avoid and minimize harm from its training activities,” Mashuda said.

The Navy uses a vast area of the West Coast, stretching from Northern California to the Canadian border, for training. Activities include anti-submarine warfare exercises involving tracking aircraft and sonar; surface-to-air gunnery and missile exercises; air-to-surface bombing exercises; and extensive testing for several new weapons systems.

In 2010 and 2012, NMFS authorized the Navy to harm or “take” marine mammals and other sealife through 2015.  The permits allow the Navy to conduct increased training exercises that can harm marine mammals and disrupt their migration, nursing, breeding, or feeding, primarily as a result of harassment through exposure to the use of sonar.

New science from 2010 and 2011 shows that whales and other marine mammals are far more sensitive to sonar and other noise than previously thought.  In permitting the Navy’s activities, NMFS ignored this new information.  The Court found that the agency violated its legal duty to use this “best available data” when evaluating impacts to endangered whales and other marine life.

Last days at the Albany Bulb

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To supplement Carly Nairn’s excellent story about the Albany Bulb, whose inhabitants face imminent eviction from this strange, artsy shoreline park, photographer Tim Daw offers this gallery of images that he captured there last weekend. Check em out. 

Mayor Lee supports PG&E’s monopoly

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After watching Mayor Ed Lee and his appointees subvert the launch of CleanPowerSF and support PG&E’s illegal monopoly control of local energy users — and PG&E’s regular attempts to greenwash its dirty power portfolio — artist Michael Ortlieb developed and submitted this editorial cartoon. Enjoy. 

SF supervisors approve policy of denying federal immigration hold requests

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The San Francisco Board of Supervisors Chambers erupted in raucous celebration and chants of “Si se puede!” this afternoon as the board gave unanimous approval to a new city policy of refusing most detention hold requests from US Immigration and Customs Enforcement, which has used its controversial Secure Communities program to learn when undocumented immigrants end up in local jails and to have them held for deportation.

The legislation by Sup. John Avalos is intended to build trust between law enforcement and immigrants, which can be reluctant to report crimes such a domestic violence or buglaries for fear of deportation. “People who have to deal with the devastation that Secure Communities causes, they’re the ones who brought this forward,” Avalos said.

Those advocates had to wait a week for this momentus occasion because of amendments that were introduced last week, prompted by opposition to the measure by Mayor Ed Lee and Police Chief Greg Suhr, who expressed concern that it would shield violent felons from deportation.

Those amendments were introduced by Sup. Jane Kim, who had supported the original measure without them but sought to broaden support for the measure. Her amendments make exceptions for those convicted of violent felonies, sex trafficking, child molestation, and use of a gun in commission of a felony, although they call for police to consider factors such as a dependent child before allowing ICE to take custody of an undocumented immigrant.

Avalos opposed the amendments, saying “any carve-outs deter the victims of crimes from reaching out to law enforcement.” The amendments were also criticized by Sup. David Campos, who called them “counterproductive to public safety.” But both accepted them and called the measure an important victory.

“What’s happening in this chamber is a victory for the immigrant communities of San Francisco and all communities in San Francisco,” Campos said in English before repeating it in Spanish. “Let’s emphasize the common ground that we have found.”

The ordinance is set to receive final approval next week when it’s heard on second reading. Sheriff Ross Mirkarimi — who has supported the legislation since its inception and who will oversee its implementation in the jail — said his office had just received the latest amendments and is still reviewing them.

“It’s the unintended consequences that bring me here before you today,” Mirkarimi told his former colleagues at the board, saying he wants to make sure the new policy is clear enough so that even deputies working in the middle of the night would know how to handle ICE requests. “Changes in the legislation do pose some operational concerns.”

Mirkarimi had already instituted policies of resisting many federal immigration hold requests, joining with San Jose, Berkeley, and other cities who oppose the S-Comm program, and this ordinance broadened and codified those policies.

The legislation was strongly supported by the city’s Domestic Violence Consortium, representing an ironic turn of events when Mayor Lee — who waged a protracted and unsuccessful campaign to remove Sheriff Mirkarimi from office for grabbing his wife’s arm last year — threatened to veto it. Avalos also placed second in a crowded field of candidates when Lee was elected mayor in 2011.

It was Lee’s veto threat that ultimately weakened the legislation, a move opposed by activists who work on domestic violence issues. But Kim made clear that despite her amendments, she strongly opposes S-Comm and its local impacts.

“We believe the S-Comm program is deeply flawed,” Kim said, telling the story of a constituent who feared calling the police after their home had been burglarized. “No one should fear calling the police when they need help.”  

Brown signs bike buffer law as SF wrestles with cyclist-motorist relations

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It took three tries, but cycling advocates and California legislators were finally able to get Gov. Jerry Brown’s signature yesterday on a new law requiring motorists to give at least three feet of clearance when passing bicyclists.

We criticized Brown for vetoing a similar bill in 2011 when he raised concerns about slowing automobile traffic, and then he frustrated supporters of the bill last year when his veto-prompting issue was how the new bill encouraged motorists to cross a double-yellow line to pass cyclists when it was safe to do so.

This time, the compromise that won Brown over was a requirement that drivers slow down to a “reasonable and prudent” speed if they aren’t able to given cyclists a full three feet because of road conditions. That’s not ideal, but at least it’s finally becoming illegal for cars to zip closely past cyclists, a dangerous, unnerving, and unfortunately too common practice.

San Francisco has become an intriguing testing ground for cyclist-motorist relations as the number of people choosing to pedal to work, play, or on errands has exploded, based on both official stats and by simply observing Market Street at commute time, which is like a mini Critical Mass everyday, or the overflowing bike parking areas in downtown buildings.

The city is also now wrestling with anti-cyclists biases in law enforcement and among some political figures, which will be the subject of City Hall hearings next month. Certainly, there is bad behavior on the roads by both cyclists and motorists, and often times poor understanding by both about the rules of the road, particularly on those dangerous “right hook” turns when motorists cross a bike lane (motorists should signal, then pull all the way to the right when it’s their turn, and cyclists should pass on their left, taking the lane if necessary), which have resulted in at least two cyclist fatalities in SF this year.

This new law provides some much needed clarity and public awareness to an important public safety issue — and it should be just the beginning of creating new laws and public education campaigns to help promote safe cycling and raise driver awareness of the need to slow down, pay attention, and share the roads. 

UPDATE: Dave Snyder, executive director of the California Bicycle Coalition, which worked on the new law, told us he expects more benefit from publicizing the new law than from police enforcing it.

“The main benefit is educational, just getting people who drive to give people on bikes plenty of space. I don’t expect much enforcement,” he told us. “There’s a heckuva lot more that we need to do to make California bicyclists safer.”

The main need he cited is more money for bike lanes, particularly those separated from automobile traffic: We ned funding to build bike networks so we dno’t need to worry about being passed at high speed.”

Evictions and gentrification fuel widespread concern in the Mission

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A mix of neighborhood merchants, community activists and a couple City Hall staffers met for a community forum Sept. 23 on Mission gentrification, voicing anger and frustration about rising displacement in the face of soaring rents.

Arranged by organizer Andy Blue, the forum was hosted by Rose Aguilar of Your Call Radio and held at the Eric Quezada Center for Culture and Politics on Valencia Street.

The recent controversy stemming from a bid by high-end retailer Jack Spade to move into a 16th Street storefront catalyzed the discussion, but many addressed the overarching transformation of a neighborhood that has been flooded with high-salaried residents who can afford to pay top dollar.

Gabriel Medina, policy manager of the Mission Economic Development Agency, said he’s troubled by the displacement of Latino-owned businesses. About 80 percent of Latino-owned businesses are passed onto proprietors’ children, he said, representing critical assets in a pricey city like San Francisco. “It’s getting cheaper to be able to start a business than to buy a house,” he pointed out.

Erick Arguello of Calle 24 (formerly the Lower 24th Street Merchants and Neighbors Association) said he’d seen a similar trend along his strip of the Mission, where some Latino-owned businesses have managed to hold strong since they bought their properties years ago.

Nevertheless, Arguello said, the pressure is on. “There’s been an onslaught of realtors and prospectors on 24th Street,” he said. “They ask about the neighbor next door: Do you know when their lease goes to?”

Nor are businesses the only ones impacted. “We’re seeing a lot of evictions of residents along the corridor,” he noted. “The majority of them are Latino families.”

Laura Guzman, executive director of the Mission Neighborhood Resource Center, decried a lack of funding for affordable housing and dedicated units for the homeless and impoverished.

She said many individuals living on the streets in the Mission lack options, leading them to pass the time in the BART plaza. “Support the people in the plaza. They’re human beings,” Guzman said.

Nick Pagoulatos, a legislative aid to Sup. Eric Mar who was previously involved with mid-90s anti-gentrification campaigns in the Mission, said he himself wasn’t sure if he would be able to remain in the city.

“I’m a partner to a woman who was born in the Mission,” he said, acknowledging the deep ties her family has to the neighborhood. “We know that when we lose our housing” – it is likely a question of when, not if, Pagoulatos said – “we’re not going to be able to stay in the Mission. And we’re probably not going to be able to stay in San Francisco.”

Some activist efforts have emerged. A direct action group called Eviction Free San Francisco has staged protests outside the doors of real-estate speculators. At the upcoming Dia de los Muertos 2013 celebration, curator Martina Ayala said at the meeting, “We are building altars to remember the life that we once enjoyed.” La Llorona, a Dia de los Muertos exhibit that will be held at the Mission Cultural Center for Latino Arts, is subtitled “weeping for the life and death of the Mission District.”

A similar transformation happened 10 years ago when the first dot-com boom flooded the Mission with deep-pocketed residents, Pagoulatos noted. Back then, “there was an organized reaction,” he said. “To be honest with you, we fought the good fight, we were at it for a long time and we didn’t win.”

This time around, “Our level of disgust for what’s been going on has been numbed,” he said. But he called for reaching out to engage unlikely allies, and for tapping into collective anger about displacement to bring about change.

“Get pissed, folks,” Pagoulatos said. “Anger is a good thing, especially in the face of injustice.”

Fight to save City College grows teeth and bites back

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Saving City College of San Francisco became a bigger battle yesterday when the California Federation of Teachers announced a lawsuit in San Francisco Superior Court to keep CCSF open.

The suit is directed against the Accrediting Commission for Community and Junior Colleges, which pronounced the college’s death sentence July 3 by promising to revoke its accreditation in a year, without which a school cannot receive state funding and its students cannot get federal loans. 

Now, the ACCJC finds itself the institution under investigation by the feds and even City Attorney Dennis Herrera, and the CFT lawsuit is the latest legal challenge to the accreditors. 

The CFT charged the accrediting commission with using unfair and illegal business practices in its efforts to abolish City College. When asked for a statement about the impending lawsuit, ACCJC representative Tom Lane declined to comment.

“The ACCJC must be held accountable for their reckless, irresponsible and illegal actions,” CFT President Joshua Pechtalt explained at the Sept. 23 press conference held on the steps of City Hall, where the suit was announced. More importantly, Pechtalt said, winning this lawsuit could potentially stop the closure of CCSF.

A group of students, faculty, and elected officials stood with Pechtalt on the stone steps. One by one, they enumerated the improper activities that will be the basis of their lawsuit against the ACCJC: failing to adhere to its own policies and bylaws, violations of state and federal laws, and sanctioning CCSF without just cause.

Assemblymember Tom Ammiano said that the illegal behavior must stop here and now.

“The blatant lack of transparency, the loose interpretation of the rules, all seen through a lens of hubris and elitism, cannot continue,” he said. “San Francisco is our backyard and the college is our treasure.”

While Ammiano admitted that CCSF is not without its flaws and areas in need of improvement, he was quick to assert that closing the college was not the solution. “Stay out of our backyard unless you have something constructive to say,” he declared.

CCSF Student Trustee Shanell Williams assured the crowd that the lawsuit would be won. “The diverse population of the San Francisco Bay Area, including working families, single parents, new immigrants and others, depends greatly on this college being here,” she said. “If we lose City, we are going to be on our way to being an indentured, working class state.”

If the ACCJC succeeds in San Francisco, it will pave the way for identical treatment of other schools across the state, Williams said. Likewise, CCSF triumphing over the commission would be a victory for every community college in California.

Sup. David Campos also recognized the vital importance of CCSF’s continued existence. “We cannot have the American dream alive in San Francisco if City College closes,” he said. “This fight is about the soul of our city. ”

The US Department of Education has cited the ACCJC for failing to follow its own rules and procedures. A month ago, the Joint Legislative Audit Committee began investigating the commission. The following day, Herrera filed a lawsuit against the ACCJC, claiming it had illegally allowed its advocacy and political bias to prejudice its evaluation of college accreditation standards.

A new report released by the city’s Budget and Legislative Analyst on Sept. 16 detailed the economic impact to San Francisco if City College were to close. The report was requested by Supervisor Eric Mar. We’ve detailed some of the report’s findings in the infographic below. 

ccsf closure infographic 

 

Is the new iPhone fingerprint reader hacked yet?

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Apparently, the answer is yes. Wired is reporting that a German hacker with the European organization Chaos Computer Club has found a way to fake out Apple’s brand new Touch ID fingerprint reader, rolled out as a security feature.

The hacker, who goes by Starbug, demonstrated that the phones can be hacked with replicas of real fingerprints constructed with pink latex milk or woodglue. It isn’t the first time CCC set out to prove the flaws in biometric security systems – a few years ago, the hackers published the image of a fingerprint belonging to a German interior minister who was strongly advocating for new electronic passports that would be linked to individuals’ fingerprints.

A few weeks ago, we reported that San Francisco District Attorney George Gascon and other law enforcement officials had banned together to call on smartphone manufacturers to implement new security features as a way to address growing theft of mobile devices. Apparently, the fingerprint ID systems don’t offer the level of security Apple was hoping for. The latest iPhones, which include fingerprint readers, were just released Sept. 20.

According to the SFPD, more than 50 percent of robberies occurring every day involve smartphones.

Community forum planned on Mission gentrification

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The recent debate about high-end retailer Jack Spade seeking to open up shop in the former location of Adobe Books has placed concerns about gentrification in San Francisco’s Mission District to the front burner yet again.

To spark a dialogue about an appropriate community response to the changing fabric of the neighborhood, community activists have organized a discussion forum scheduled for Monday, Sept. 23.

As rents soar, countless longtime businesses and residents are being priced out of the Mission. From the event description:

“How do we, as a community, feel about this? What can we learn from each other as we consider how to confront the issues of a changing neighborhood and city? Coming from our many perspectives, are there matters that some, most, or all of us can agree upon? … What urgent and long-term actions can we take to support existing local businesses and maintain the diversity and unique character of the Mission District? These are just a few of the questions we may discuss at this meeting.”

The meeting will be hosted at the Center for Political Education on Valencia Street, and participants will represent a host of local businesses and community organizations including Calle 24 SF, Eviction Free San Francisco, Encantada Gallery, the Mission Neighborhood Resource Center, PODER, Shaping San Francisco and the Valencia Corridor Merchants Association.

The discussion will be moderated by Rose Aguilar, host of Your Call on KALW.

The event will be held at 522 Valencia on Monday, Sept. 23 at 6pm and is free to attend.

SF State campus police arming themselves with Tasers (yes, before the SFPD)

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Just because the SFPD can’t get Tasers doesn’t mean all the cops in San Francisco are missing out.

The San Francisco State University Police Department will soon arm themselves with conducted electrical weapons, known by the brand name Taser, following a statewide push from the California State University Chancellor’s Office to arm all of its campus police statewide with the weapons.

The university police started training with their new weapons Sept. 12, according to university spokesperson Ellen Griffin, but haven’t armed their 28 officers with them just yet. They still have to set rules for their use and the cabinet of SF State President Leslie Wong will soon meet to advise him in Taser policy. Details on what shape that policy will take are still hazy, the university told us.

“What I can say is that Dr. Wong is deeply committed to protecting the safety and welfare of our campus community,” said Shawn Whalen, a member of the president’s cabinet.

There is no statewide campus police policy for Taser use, according to California State University’s policy documents on weapons. A CSU spokesperson told us each campus makes its own rules for their local police force. 

For the past decade the SFPD has tried at various times to have their officers armed with Tasers but have met loud opposition and are without them to this day, a topic we’ve covered before. One of the most vocal opponents of the weapons, Police Commissioner Angela Chan, is concerned that the Tasers can be fatal.

“Tasers can cause serious injury or death and have cost law enforcement that use them millions of dollars in lawsuits,” she told the Guardian. About 500 people have been killed by Tasers in the US since 2001 according to a report Amnesty International released last year.

In Cincinnati a student Tasered subsequently died. Taser advocates say deaths are prevented by Taser use, however.

Of those killed, Amnesty International said, 90 percent of the victims were unarmed.

Despite the statistics, Tasers are in widespread use around the country and in the California State University system. 

Mike Uhlenkamp, spokesperson for the CSU chancellor’s office, said that 17 campus police forces were armed with Tasers, and now all 23 will have them, including SF State.

He was unable to say how much Taser use has cost the CSU system or provide statistics on their use. The most commonly bought Taser though, the X26, costs $1,000 a piece, according to Taser’s website. 

He was also unable to cite a specific incident or incidents that prompted the need for Tasers on CSU campuses. SF State university police reported exactly eight crimes for the week of September 9-15, including petty theft, vandalism, and possession of marijuana.

Uhlenkamp did say however that “every officer gets rigorous training,” part of which is actually getting Tasered themselves. 

“Every officer will have been on the other side of a Taser at some point,” he said. 

The arguments Taser advocates make for having the weapons is that they can be used in lieu of a gun. Steve Tuttle, spokesperson for Taser, said that was the reason 17,000 law enforcement agencies use Tasers worldwide.

“I think its a loud minority that’s gotten their way in San Francisco,” Tuttle said. The idea that SFPD is the lone holdout had him saying that the “vocal minority” got their way. 

But Chan said that’s a myth. Tasers are often used as a compliance weapon when an individual is passively resisting arrest or not responding to an officer’s commands, she said.  “Unfortunately, this can lead to overuse and unnecessary use, especially on young people and people of color, as we’ve seen around the country, including on college campuses.”

She has reason to be concerned about the safety of the campus community. When activist squatters were arrested in May by SF State’s university police, allegations of excessive force streamed in. 

The activists printed a zine documenting their experience. Melissa Nahlen, 25, reportedly wound up with “cuts near her eyes, a bruised and swollen lip, a swollen left hand … and cannot bend her neck downward due to being stomped on by the police.”

A campus police officer also sustained injuries, according to news reports. 

Video of officers arresting activists in an SF State dorm. As SFSU police and SFPD were both present, it is unclear which officers are in the video.

Tasers are used to avoid just that kind of situation, Training Lieutenant Randall Gregson of the BART police department told us. Though policies differ from department to department, Gregson ran the Guardian through BART’s tactics in using Tasers to provide a glimpse in the things SFSU will need to consider. 

BART police carry their Tasers on the “support” side of the belt, meaning the non-dominant side, he said. They also have a choice of carrying it in their duty belt on a thigh holster. “It’s an officer’s individual preference,” he said.

That preference is important, and sometimes could mean the difference between life and death. 

When BART officer Johannes Mehserle reached for his Taser but mistakenly drew his gun and shot and killed Oscar Grant back in 2009, issues about where to holster officer weapons came to the fore. 

Mehserle’s lawyer made a motion to admit BART’s holster policy as evidence in the case. From the text of the motion: “The changes in BART’s training and Taser policy – removing two dominant side belt configurations and requiring officers to draw the Taser with their weak hands – constitute highly relevant evidence of an acknowledgement by BART that the prior training and policy made an accident of the sort that occurred in this case more likely, and perhaps even highly likely.”

The evidence was admitted to ask, as the lawyer wrote, “How could a trained officer mistakenly pull and fire his gun if, as he claims, he intended to deploy his Taser?”

That’s the exact kind of incident SF State President Leslie Wong’s policy will address for his officers, and the lives of the students of San Francisco State University may depend on it. 

Bill on Brown’s desk to make two-tiered system of college tuition: for the rich, and the poor

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It seems that one California politician is adapting an old adage for a modern era: If at first students protest and get pepper sprayed, try, try that legislation again. 

AB 955 is a bill that would create a pilot program to raise community college tuition, allowing six allegedly overcrowded community colleges to charge the full cost of their classes during summer and winter sessions. A three-unit class would jump in cost from $138 to roughly $600, depending on the college involved. Authored by Assemblyman Das Williams (D- Santa Barbara), the bill now sits on Governor Jerry Brown’s desk awaiting his signature. 

The colleges in the pilot are College of the Canyons, Crafton Hills College, Long Beach City College, Oxnard College, Pasadena City College and Solano Community College.

Local community college advocates said the pilot program could crack open the door to a future where two-tiered access to community college is the norm: The rich will be able to get classes, and the poor will be crowded out. 

Those fears are prompting local San Francisco activists to join in the fray.

“AB 955 creates a system of haves and have nots,” said Shanell Williams, the student trustee of City College of San Francisco (no relation to Assemblyperson Williams). “Students that cannot afford to pay more will essentially be denied access,” she said.

Williams is a staunch advocate for education equality at City College, and led many of the rallies decrying the school’s loss of accreditation. She now plans to lead a rally against the bill here in San Francisco. But she’s not the only one who thinks this is a bad idea.

Santa Monica College tried to make a similar two-tiered system for tuition last year, offering classes that were previously closed due to lack of state funding by sticking the whole price of the class on students. Santa Monica College students were far from pleased.

Protests erupted, students were pepper sprayed, the incident became national news, and the idea was criticized across the board as class warfare. 

The students’ outrage doesn’t just stem from raised tuition, but from a broken promise. 

The idea of “open access” to classes is mandated by California’s educational master plan, which states that all students over the age of 18 should have access to community colleges and that tuition would be free. Part of the Donahoe Education Act of 1960, it was signed into law that year by Governor Edmund “Pat” Brown.

The Master Plan has eroded slowly since the 90s, and the once tuition-free UC and CSU systems now charge their students fees in excess of $3,000 a semester for full time enrollment — inflated prices which so far the community college system has resisted. Classes cost $46 per-unit at each of the 112 community colleges in California.

Assemblyman Williams  justified his bill in an op-ed for The Daily Californian, saying the idea of open access has failed as the California community college system has already shut over 500,000 students from its doors, according to data from the state community college chancellor’s office.

“Yes, $600 is more expensive than $138, but only in the short term,” Williams wrote. “What’s the cost to a student forced by the current lack of classes to have to face one to four more years of living expenses to complete his or her education? It’s a lot more than $600.”

But Jessica Jones, two-year student body president of Santa Rosa Junior College, fears that the pilot program may just be the beginning.

“Who’s to say it won’t go like wildfire across the state?” she said in comments to the Guardian. Unlike the UC and CSU students, she fears the community college students she sees everyday would have more to lose when the fees are hiked.  More often, she said, those students are “working many jobs, many have families, you’ll see less and less students able to take courses.”

It isn’t just activists who fear this will go statewide. The state chancellor of all 112 California Community Colleges, Brice Harris, has also publicly denounced the bill.

“The next time the budget goes in the tank they’ll tell (us), we can’t give it to you, tell your colleges to raise fees,” he said at a recent state meeting. “All of us who believe this is bad public policy for California are going to have to speak out forcefully with the (Brown) administration to make them understand what a huge policy change this is for the state of California,” he said. 

Jessica Jones works with the Student Senate of California Community Colleges, and though their opinion is not uniform, many student leaders statewide are organizing actions against the fee hike pilot program. Crafton Hills College, Modesto Junior College, Pasadena City College, Long Beach City College, Santa Rosa Junior College and De Anza College will all have demonstrations or engage in write-in campaigns by the end of next week.

Williams, the City College Student Trustee is organizing a demonstration in San Francisco as well. The protest will be at Powell Street BART station on Tuesday, Sept. 24, at 6pm. 

Is Art Torres helping PG&E, helping his son’s political career, or both?

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As I’ve been reporting on how CleanPowerSF is being blocked by Mayor Ed Lee and his political appointees on the San Francisco Public Utilities Commission, one piece of the puzzle that I couldn’t quite figure out was why SFPUC President Art Torres took the position he did, offering little public explanation for his stance.

“His opposition to the rate vote was strange because he didn’t give clear reasons,” Eric Brooks, who has been led the grassroots campaign in support of CleanPowerSF, told us. Torres also hasn’t returned Guardian calls on the issue, and he refused a formal request from Sup. John Avalos to explain his position.

As a former state senator and longtime former chair of the California Democratic Party, Torres certainly has connections to Pacific Gas & Electric and the array of politicians that support it, include Willie Brown. But that just didn’t seem like enough for a senior statesman with a decent environmental record to sabotage San Francisco’s only plan for building renewable energy projects.

But some of my political sources have clued me into another possible motive, and it seems to make sense. Art Torres’ son is Joaquin Torres, who works in the Mayor’s Office and who Lee in February appointed to the Housing Commission, where Torres now serves as president.

And here’s the kicker: those sources also say that Joaquin Torres has already started running for the District 9 seat on the Board of Supervisors, which is now held by Sup. David Campos, who is running for Tom Ammiano’s seat in the California Assembly. And if Campos wins that race next year, Mayor Lee will get to fill it, possibly naming Torres to one of the most progressive seats in the city.

So dad gets to score political points with some powerful friends, and help launch his son’s political career in the process. These motives are beginning to add up.

Joaquin Torres is now deputy director of the San Francisco Office of Economic and Workforce Development, “where he leads Mayor Lee’s Invest In Neighborhoods Initiative to leverage City resources across city departments to maximize positive economic and social impact in low-moderate income neighborhoods and throughout San Francisco’s commercial corridors,” the Mayor’s Office wrote in February when Torres got appointed to the Housing Commission.

Sounds like the perfect job for someone being groomed for the Board of Supervisors, where he could have a serious impact on this city’s political dynamic, tipping policies in the neoliberal to moderate direction of expanding corporate welfare programs and speeding up gentrification.

Neither Torres has returned our calls, but I’ll update this post when and if they do. And while this is clearly just political speculation and conjecture, I have a feeling that I’m onto something here. So remember where you read it first.  

Due Process For All must wait another week

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Sup. John Avalos’ Due Process for All ordinance, legislation barring San Francisco law enforcement agencies from honoring detainer requests issued by U.S. Immigrations and Customs Enforcement (ICE) under the federal Secure Communities (S-Comm) program, faced obstacles at the Sept. 17 Board of Supervisors meeting and was ultimately continued to the following week.

The legislation initially had enough support for a veto-proof supermajority, but opposition has surfaced to prevent the legislation from winning approval as written.

In a recent editorial, Police Chief Greg Suhr called for it to be scaled back. Meanwhile, the San Francisco Deputy Sheriffs’ Association came out against it and Mayor Ed Lee threatened to veto the legislation in its current form.

At issue was whether to amend the legislation by including “carve-outs” — exceptions requiring law enforcement to honor ICE requests in cases where offenders are suspected of serious violent crimes, child molestation or human trafficking.

District 6 Sup. Jane Kim, an initial supporter of Avalos’ Due Process for All Ordinance, proposed an amendment that would grant the Sheriff discretion to honor ICE detainer requests in cases where the offender had been convicted of one of the aforementioned crimes in the past seven years.

Kim characterized her amendment as “thoughtful and limited,” but the proposal met with resistance from Avalos and Sup. David Campos. “I am afraid that in the process of trying to do the right thing, we’re going to end up with unintended consequences,” Campos said.

Board President David Chiu indicated that he agreed with including carve-outs in narrow circumstances.

Under S-Comm, if an arrestee shows up in a shared database as an undocumented immigrant, ICE can ask the arresting local law enforcement agency to detain the person in question, even after they would be otherwise eligible for release. Detainer requests, which police have no legal obligation to comply with, are routinely issued without warrants or a requirement to show probable cause.

Avalos’ legislation seeks to extend due process to all San Franciscans by making it illegal for local law enforcement to comply with such requests. In San Francisco, ICE detainer requests issued under S-Comm have resulted in at least 784 deportations since 2010.

The Board Chamber at City Hall was filled to capacity with supporters of Avalos’ legislation before the hearing even began. The line to get into the main chamber stretched all the way down the hallway to the first overflow room, which had standing room only just five minutes after the meeting began. When Avalos initially stood to speak, the chamber resonated with chants of “Si se puede! Si se puede!”

 

Cinthya Muñoz, Immigrant Rights Organizer with Causa Justa, remained hopeful despite the setbacks. “We’re excited that we were able to push back on the amendments being proposed because of how they would impact the vast majority of our communities,” she said. “And we’re still hopeful that we’ll be able to get our Due Process for All policy passed next week.”

Up until recently, Lee lacked veto power due to the ordinance’s supermajority approval. But when Avalos lost his supermajority support due to what he called “political pressure,” Lee regained that power. “Whether it’s relationships directly with the police chief, the mayor, the Police Officers Association,” Avalos told the Guardian, “[the pressure] kind of withered eight sponsor support for not having carve-outs.”

Not to be deterred, however, are those groups and individuals fighting for Due Process for All. Following the continuation announcement, the throngs of supporters filed out of the main chamber and down into the lobby of City Hall, where they gathered and prepared for another hearing, same time, same place.

“It’s actually really great because I think it gives us a bigger chance for the supervisors to hear from community members,” Muñoz said. “That what community wants is Due Process for All, everybody to be treated equally and to not make a differentiation between who’s worth it in our communities.”