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Jury finds Recology cheated in waste diversion bonus program

A jury has determined that Recology, San Francisco’s garbage collection contractor, was not honest with the city when it collected a bonus payment of $1.36 million for successfully diverting waste from the landfill.

Brought by a former employee, the lawsuit claims that Recology misrepresented the amount of diverted waste in order to qualify for the bonus money. This is especially significant because San Francisco is recognized nationwide as a leader in its quest to send zero waste to the landfill as an environmental goal.

Jurors deliberated for more than a week before issuing their determination, and ultimately found on June 17 that the waste management company had made a false claim and therefore must pay the city $1.36 million to compensate for the amount it improperly received.

The False Claims Act, the California law under which the suit was filed, provides that violators can be made to pay three times the amount collected under false pretenses, with interest tacked on to boot. That means Recology could ultimately wind up paying out an amount closer to $5.5 million.

Under an incentive program set up by the city, Recology may reap additional bonus profits above what it normally earns from the business of collecting and processing San Francisco customers’ trash if it effectively meets targets for keeping the trash out of the landfill, the most environmentally harmful waste disposal method. Under the program structure, Recology may withdraw this extra money from an account it maintains, containing funds derived from rates paid by garbage customers, if it meets the city’s established waste diversion targets.

The lawsuit, filed in 2010, claims Recology used several schemes to manipulate waste diversion records when it submitted records the San Francisco Department of the Environment in 2008, in order to be granted permission to withdraw the bonus money. The suit claimed this happened in three other years, too, but the jury only ruled against Recology for this one year.

The primary way this occurred, according to attorney David Anton, involved misclassifying demolition and construction waste. Under state law, ground up raw construction material that is labeled as “fines” can legally be used to cover up the top of a landfill – in order to prevent pests, fires, and odors, for example. When construction waste is ground up and used this way, it counts as “alternative daily cover” – like a layer of frosting on a giant cake of garbage – and strangely enough, the state allows waste disposal companies to count that frosting as “diverted waste” even though it’s actually part of the landfill.

The lawsuit claimed that Recology tried to count a great many tons of its construction and demolition waste as “fines” when in reality it should have been labeled just plain garbage, because the tons of stuff that they were shipping to the Solano County landfill wasn’t being processed to a fine enough grade to comply with state requirements for what constitutes “fines.”

The difference between “fines” and regular old construction and demolition waste is that for the latter, the company would have had to pay a fee to dispose of it – and would have had to count it as waste sent to the landfill, rather than waste diverted from the landfill. Had it been counted as plain old garbage, Recology would have missed its diversion targets in 2008, thus losing out on the $1.36 million bonus payment.

“The construction material that they were sending – they were telling SF was qualified to be used for this beneficial purpose at the landfill,” said Anton, “when in fact, the county and the state had said it was not qualified for it, it can’t be used that way, and it can’t be accounted that way.” He added, “Recology kept this completely secret from San Francisco.”

Recology spokesperson Eric Potashner told us the company plans to appeal this finding, because the violation Recology received in regard to the “fines” was only the start of a lengthy process. “The local enforcement agency in Solano County had questions about that material,” he said, noting that Recology went through a formal process of challenging an inspector’s assessment of the material. He said that at the end of the day Recology was never issued a cease-and-desist, nor was it made to revise company records to count it as anything other than “alternative daily cover.”

Another problem uncovered in the trial, Anton said, had to do with Recology misrepresenting tons of garbage generated in San Francisco as having originated in a different county, so that it could be counted outside the parameters of the waste diversion program. Potashner called that “an oversight” that had since been corrected, and added that it would not amount to enough to “move the needle” on hitting the diversion goals.

Finally, Anton noted, it came out in the course of the trial that somewhere between 10 and 20 percent of what residential customers chuck into their green compost bins actually winds up in the landfill at the end of the day.

Where happens to the stuff that goes in the green bin? “What we found out in this trial,” Anton said, “is that it’s sent to a place where they can compost it, but this place doesn’t necessarily make it into compost. Recology owns the composting place. And the composting place happens to be at a landfill. And it happens to be the law that a landfill has to cover the garbage that it gets every day. It’s got to cover it with dirt – six inches of dirt. Every day. A lot of landfills buy dirt to cover it – but the state allows you to … take mulch or green waste, if it’s chopped up fine, and cover a landfill with it. Well, Recology decided that they made more money and did better if they took a bunch of your green bin material, and put it on their landfill, rather than buying dirt.” As a result, he said, some of that green-bin waste “gets put in a landfill every night.”

Which really isn’t what most people would expect would happen after they’ve chucked some yard clippings into a compost bin.

When San Francisco set up the green-bin composting program, Anton said, a specific policy was created against this sort of practice. Nevertheless, “San Francisco knew that the company was doing that,” he said, and permitted it despite the formal policy because “they wanted to help out the company.”

Potashner said it is perfectly legitimate under state law for green waste to be used as alternative daily cover. “The Department of the Environment watches this, and knows we’re doing this,” Potashner said.

All of which underscores a point that Anton said he found to be somewhat confusing, or perhaps telling: “It was a very strange thing,” he said, “to be pursuing this lawsuit, trying to get money to the city, and the city’s representatives are saying, ‘we don’t want it.’”

He said he found it odd that a representitive from the San Francisco Department of the Environment, which oversees the city’s Zero Waste program, even made a statement in the course of the trial suggesting that he hoped the suit wasn’t successful.

Anton guessed that the city remained on the sidelines of this case because its “relationships with Recology are so close and tight.”

The Department of the Environment did not return the Bay Guardian’s request for comment.

Is the SF District Attorney’s Office biased against cyclists?

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There’s been much discussion over the last year about whether police and prosecutors in San Francisco are biased against bicyclists. And while the San Francisco Police Department has admitted problems in their investigations of collisions that injure cyclists and pledged to do better (with mixed results), the District Attorney’s Office doesn’t seem have gotten the message.

The cyclist community was appalled last month when District Attorney George Gascon refused to follow SFPD recommendations and file criminal charges against the commercial truck driver who killed cyclist Amelie Le Moullac in August, a high-profile case that highlighted SFPD bias and triggered a series of hearings on the issue at City Hall.

Now, a San Francisco jury has voted overwhelmingly to acquit a cyclist who collided with a pedestrian last year, finding that the collision was clearly accidental and that the cyclist tried to avoid the victim who jaywalked to check the parking meter for her car and then abrupted reversed course and collided with the cyclist.

“The evidence in this case was clear: It was an accident, not a crime,” Deputy Public Defender Tammy Zhu said of her client, 20-year-old John Kewin, who faced up to a year in jail after the DA’s office charged him with reckless driving.

But the jury last week voted 11-1 to acquit Kewin, siding with witnesses who said he tried to avoid the collision over one witness (ironically, a cyclist) who testified that Kewin was riding too fast. So the DA’s office this week decided to drop the charges.

Public Defender’s Office spokesperson Tamara Barak Aparton told us charges should have never been filed in the case: “I don’t think it should have been, it was clearly an accident and not a crime.”

The DA’s Office has refused to file criminal charges against any of the four motorists who killed cyclists in San Francisco in the last year, even in cases where the drivers were making illegal turns across bike lanes and making no efforts to avoid the cyclists.

Does the District Attorney’s Office have a bias against bicyclists? We left messages with two different spokespeople from that office, and we’ll update this post with their replies if and when we hear back. 

Amour Vert brings its eco-friendly designs to Hayes Valley

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“Paris Chic, Cali Cool.” That’s the tagline behind the eco-friendly clothing brand Amour Vert. Usually, the people who refer to California as “Cali” are non-natives. The term implies a certain unfamiliarity with the golden state and a desire to be more ~CaLiFoRnIaN~. Yet, the slogan is fitting. Founded out of a need for clothing that doesn’t sacrifice style for sustainability, Amour Vert’s garments are created by a French designer and made within a 20 mile radius.

Until now, the Palo Alto-based brand was only available in department stores and small boutiques but Amour Vert opens its first retail store today. Nestled in the heart of Hayes Valley, at 437 Hayes, the boutique neighbors the french confectioner Chantal Guillon Macarons and clothing store Steven Alan.

Across the street is Alternative Apparel, a company with a similar commitment to sustainable fashion. But owner Linda Balti maintains that Amour Vert is very different from its neighbor. In an equally sustainable way, Alternative Apparel outsources its garments to socially-responsible factories in Peru, Vietnam, Indonesia, China and other countries around the world. Amour Vert keeps everything local, from its design studio in the Dogpatch, to the exceptional garment factories in the Bay Area, to its beautiful living wall in the Hayes Valley store.

French-German couple Balti and Christoph Frehsee conceptualized Amour Vert after reading a Newsweek article a couple years ago that named the fashion industry as the second polluter in the world.

“I was in the middle of writing a paper for my master’s,” Frehsee said at the store’s opening reception last night. (He studied environmental resources at Stanford.) Balti began researching sustainable alternatives but found that they were either unflattering (think hippie hemp dresses) or expensive, such as John Patrick and Stella McCartney. 

The Parisian designer wanted simple and elegant options to fill her wardrobe at an affordable cost, she says. At the opening reception, Balti wore an Amour Vert sleeveless green palm leaf printed jumpsuit and crisp white hightop sneakers, the epitome of French elegance. With ruffled straps and a cinched waist, the Crystal Jumpsuit is a highlight of the summer collection. This easy and feminine silhouette made of washable silk is indicative of the brand’s casual luxury. Using the finest materials available in the Bay, each garment is handmade from bamboo, silk, organic cotton, recycled polyester, linen, or wood pulp.

Amour Vert’s “Plant a T(r)ee” collection is probably its most impressive. Continuing their dedication to a cleaner environment, Balti and Frehsee have created a small line of garments made from wood pulp, where with each T-shirt purchase (ranging from $75-$135), American Forests will plant a tree in the United States. “It’s our way of directly giving back to the environment what we take from it,” said Balti. So far, they’ve planted 15,000 trees.

In the store, vibrant green and coral pieces with palm tree prints line the walls. Simple, neutral basics are also available. The “Plant a T(r)ee” is mostly comprised of marinières—the quintessentially French navy and white striped boating shirts. With muses such as Charlotte Gainsbourg and Clémence Poésy, the brand maintains a prominently French style. But the Cali vibe is not lost. A lace crop top hangs in the corner embracing the West Coast flair.

The focal point of the store however is a heart-shaped living wall — a nod to Amour Vert’s French name, which translates to “green love.” Designed by SF native, model, and philanthropist Lily Kwong, the installation is composed of small potted plants (for sale for $20) that create a big green heart in the back of the store. The local support continues with two “Made in California” chairs produced by Russell Pritchard, owner of the interior design store Zonal down the street, and board member of the Hayes Valley Neighborhood Association.

“Everyone has been very welcoming,” Frehsee said. At last night’s reception, Kwong made an appearance, and delicious snacks by Chantal Guillon Macarons and the Melt food truck were on hand for hungry partygoers. There was also Amour Vert’s signature photo booth, where a tree will be planted for every photo taken. 

The decision to open a store in Hayes Valley was very natural, Balti said. After several pop-ups in the area, the couple decided to open a permanent location in the neighborhood. The store is a lab project to them, says Frehsee — the couple got their beginnings in science, they met at a defense trade show in Abu Dhabi.

“The store is our opportunity to interact with our customers on a personal level and hear what they love most about Amour Vert,” Frehsee said. “We’re looking forward to having that direct dialogue with them.”

Frameline is underway! Plus: crooners, ping-pong champs, and more, in new movies

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Frameline 38, the San Francisco International LGBT Film Festival, kicked off last night and runs through June 29; check out our big list o’ blurbs right here. Elsewhere, Clint Eastwood directs a musical, Guy Pearce prowls the outback, a very good suburban noir emerges from the Netherlands, a documentary takes on the cost of higher education, and more! Read on for the goods (and bads). 

https://www.youtube.com/watch?v=j-VBgShBKlY

 Borgman Popping out from his underground hidey hole, narrowly escaping organized armed vigilantes — indicating an ongoing, possibly global secret battle this movie is content to leave entirely unexplained — the titular figure (Jan Bijvoet) shambles to a nearby home and demands comfort. Refused, he persists, and housewife Marina (Hadewych Minis) acquiesces — at first on the sly, as husband Richard (Jeroen Perceval) has already beaten their paunchy, disheveled, weird would-be guest. But soon Borgman is insinuating himself with the well-off suburban couple’s three children, gradually warping the family dynamic until he has everyone under his power. You’ve seen this kind of “Enigmatic stranger invades complacent bourgeoisie home, wreaks liberating and/or terrifying havoc” thing before, both in thrillers and in artier parables from Teorema (1968) to The King (2005). There is nothing wildly original about Dutch filmmaker Alex van Warmerdam’s seductive, macabre black comedy in outline, not its satire of oblivious upper-middle-class entitlement or even (perhaps especially) when the too-generous hosts and any unlucky interlopers start getting killed off one by one. You can debate Borgman’s precise point, or whether it has one at all. But there’s a tart, bracing quality to this cruel absurdist joke that is as perversely delightful as the film is utterly misanthropic. (1:53) (Dennis Harvey)

A Coffee in Berlin How do you say “mumblecore” in German? Jan Ole Gerster’s debut feature has certain arty pretensions — it’s shot in black-and-white, and scored with peppy jazz — but it’s more or less a rambling day in the life of law school dropout Niko (Tom Schilling). It happens to be the very day Niko’s golf-loving father decides to stop funding his shiftless son’s slacker lifestyle, though that crisis (which, you know, Lena Dunham built an entire HBO comedy around) receives nearly equal heft as a cutesy ongoing gimmick that sees Niko incapable of getting a cup of coffee anywhere in Berlin. Hipster ennui can be compelling if it has some underlying energy and purpose (see: 2013’s Frances Ha, to which this film has been compared), but A Coffee in Berlin comes up short on both. That said, it does offer an intriguing portrayal of Berlin — a city whose modern-chic façade barely contains the history that haunts it — and some of its supporting characters, particularly Friederike Kempter as a former schoolmate of Niko’s who has outgrown him emotionally by about one thousand percent, provide pleasant enough distractions. (1:28) (Cheryl Eddy)

Fateful Findings Oh my. With the technical sophistication of Birdemic (2008), Doris Wishman-worthy attention to superfluous detail, and the obliviousness of The Room (2008) toward any semblance of narrative or character continuity, this supernatural drama — or, uh, something like that — is making a bid to be the latest so-bad-it’s-surreal midnight movie hit. Writer-director-producer-editor-star Neil Breen, a man of many hats if no apparent talents, plays Dylan, a writer. As a child, he and friend Leah had found a mushroom that turned into a jewelry box (““Look what I found! A treasure! It’s a magical day!”), and which will come to effect their lives in ways that never make any sense whatsoever. They reunite as re-infatuated adults (Jennifer Autry now playing Leah), which is bad news for the pill-popping wife (Klara Landrat) Dylan is kinda over anyway. Meanwhile, their friends Jim (David Silva) and Amy (Victoria Valene) fight a lot, because he drinks to compensate for their nonexistent sex life, and she’s just incredibly bitchy. Eventually we realize that Dylan is working on a new book that will shockingly expose the rampant global corporate and political corruption that apparently no one has ever noticed before. The climax, which must be seen to be believed, has him triumphantly announcing these (extremely vague) revelations to the cheers of invisible thousands, while disgraced officials are seen committing suicide en masse rather than, you know, retiring to the Canary Islands. There’s a fine line between the hilarious and tortuous that is exactly where Fateful Findings lives. With its flatlined pacing, not-from-this-planet dialogue (Dylan straight facedly tells a dead body “I can’t help you outta this one”), gratuitous nudity, and curious insistence that its characters express emotions by throwing things (laptops, pieces of meat, etc.), this inscrutable vanity project is indeed unique. What it lacks to get you through the (many) boring parts is the compelling personality of a Tommy Wiseau — Breen is (like everyone here) awful, but he’s just a zero onscreen, not a fascinating weirdo. You will want to be drunk for this movie. (1:40) Clay. (Dennis Harvey)

Ivory Tower The latest “issue doc” to come down the pipeline is this very timely and incisive look at the cost of higher education from director Andrew Rossi (2011’s Page One: Inside the New York Times). Rossi is a Yale and Harvard Law grad, and he begins his film in the hallowed halls of the latter to frame the question: In the era of skyrocketing tuition, and with the student loan debt hovering at a trillion bucks, is college still worth it? The answer is left open-ended, though with the very strong suggestion that nontraditional education (including community colleges, online learning, and the Silicon Valley-spawned “uncollege” movement) is certainly something worth exploring, particularly for the non-wealthy. Along the way, we do see some positive tales (a kid from the mean streets of Cleveland gets a full-ride scholarship to Harvard; students at rural Deep Springs College follow philosophy discussions with farm work; African American women at Spelman College thrive in an empowering environment), but there’s a fair amount of cynicism here, too, with a hard look at how certain state schools are wooing deep-pocketed out-of-staters with fancy athletic stadiums, luxurious amenities, and a willingness to embrace, however unofficially, their hard-partying reputations. Segments following a student protest at New York’s Cooper Union, a formerly free school forced to consider collecting tuition after a string of financial troubles, echo Frederick Wiseman’s epic At Berkeley (2013), a thematically similar if stylistically very different work. (1:37) (Cheryl Eddy)

Jersey Boys The musical that turned the back story of Frankie Valli and the Four Seasons — the 1960s hit making machines behind upbeat doo-wop ditties like “Sherry,” “Big Girls Don’t Cry,” “Walk Like a Man,” and a zillion more; you will recognize all of them — into Broadway gold ascends to the big screen thanks to director Clint Eastwood, a seemingly odd choice until you consider Eastwood’s own well-documented love of music. Jersey Boys weaves a predictable tale of show biz dreams realized and then nearly dashed, with a gangster element that allows for some Goodfellas-lite action (a pre-fame Joe Pesci is a character here; he was actually from the same ‘hood, and was instrumental in the group’s formation). With songs recorded live on-set, à la 2012’s Les Misérables, there’s some spark to the musical numbers, but Eastwood’s direction is more solid than spontaneous, with zero surprises (even the big finale, clearly an attempt at a fizzy, feel-good farewell, seems familiar). Still, the cast — including Tony winner John Lloyd Young as Valli, and Christopher Walken as a sympathetic mobster — is likable, with Young in particular turning in a textured performance that speaks to his years of experience with the role. Interview with cast members Young, Michael Lomenda (who plays original Four Season Nick Massi), and Erich Bergen (as Bob Gaudio, the member who wrote most of the group’s hits), right here. (2:14) (Cheryl Eddy)

Ping Pong Summer Eighties teen flicks of the My Bodyguard (1980), smart-dweebs-beat-the-bullies ilk are paid homage in Michael Tully’s deadpan satire, which is closer in spirit to the Comedy of Lameness school whose patron saint is Napoleon Dynamite. Radley (Marcello Conte) is an average teen so excited to be spending the summer of 1985 in Ocean City, Md. with his family that he renames himself “Rad Miracle.” He acquires a new best friend in Teddy (Myles Massey), who as the whitest black kid imaginable might make even Rad look cool by comparison. However, they are both dismayed to discover the local center for video gaming and everything else they like is ruled by bigger, older, cuter, and snottier douchebag Lyle Ace (Joseph McCaughtry) and his sidekick. Only kicking Lyle’s ass at ping pong — with some help from a local weirdo (a miscast Susan Sarandon, apparently here because she’s an off screen ping pong enthusiast) — can save Rad’s wounded dignity, and the summer in general. A big step up from Tully’s odd but pointless prior Septien (2011), this has all the right stuff (including a soundtrack packed with the likes of the Fat Boys, Mary Jane Girls, New Edition, Whodini, and Night Ranger) to hilariously parody the era’s inanities. But it’s just mildly amusing — a droll attitude with lots of period detail but not much bite. (1:32) Roxie. (Dennis Harvey)

The Rover Future days have never seemed quite so bleak as they are depicted in the wild, wild Aussie west of The Rover — rendered by Animal Kingdom (2010) director David Michod, who co-wrote The Rover with Joel Edgerton. Let’s just say we’re probably not going to see any primo Burner ensembles inspired by this post-apocalyptic yarn: Michod ventures to a plausible future only a decade out, after a global economic collapse, and breaks down the brooding road trip to its hard-boiled bones, setting it in a beauteous, lawless, and unceasingly violent outback. A heist gone wrong leads a small gang of robbers to steal the car belonging to monosyllabic, ruthless mystery man Eric (Guy Pearce). The latter wants his boxy little sedan back, badly, and, in the cat and mouse game that ensues, seems willing to die for the trouble. Meanwhile, one of the gang of thieves — the slow, dreamy Rey (Robert Pattinson), who has been left to die of a gunshot wound in the dirt — turns out to be more of a survivor than anyone imagined when he tracks down the tracker hunting for his brother and cohorts. Michod seems most interested in examining and turning over the ties that bind, in a mean time, an eminently absurdist moment, when everything else has fallen away in the face of sheer survival. Cineastes, however, will appreciate the elemental, existential pleasures of this dog-eat-dog Down Under out-Western, not the least of which include the performances. Pearce’s rework of the Man With No Name exudes intention in the very forward thrust of his stance, and Pattinson breaks his cool — and the confines of typecasting — as a blubbering, babbling, thin-skinned man-child. Clad in the mystic expanses of the South Australia desert, which tip a hat to John Ford Westerns as well as scorched-earth-of-the-mind movies such as El Topo (1970) and Paris, Texas (1984), The Rover is taken to the level of tone poem by the shuddering, moaning cellos of Antony Partos’s impressive, atonal electroacoustic score. (1:42) (Kimberly Chun)

Think Like a Man Too Kevin Hart and company head to Vegas in this sequel to the 2012 hit comedy based on Steve Harvey’s best-selling relationship tome. (2:02)

Boom asks “What’s the matter with San Francisco?” and offers insightful answers

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“What’s the matter with San Francisco?” asks the Summer 2014 issue of the Boom: A Journal of California, a quarterly magazine produced by the University of California Press, tapping an amazing array of writers to explore the struggle for the soul of San Francisco that has captured such widespread media attention in the last year.

The question on its cover, which all of the articles in this beautifully produced 114-page magazine explore from varying perspectives, is a nod to Thomas Frank’s insightful 2004 book, What’s the matter with Kansas? And the answer in both cases, argue writers Eve Bachrach and Jon Christensen in their cover story article, is the people.

“Specifically, the people who act time and again against their own interests, people who adhere to a narrow political line, whether it’s antipopulist in the nineteenth century or antiprogressive in the twentieth. By focusing on one set of values, this analysis asserts, the people don’t notice what they’re really losing until it’s too late — and San Francisco is no different,” they write.

At this important moment in time, San Francisco is fighting to retain the last significant remnants of the cultural and economic diversity that have made this such a world-class city, with today’s hyper-gentrification building off of previous waves of displacement to change the city in fundamental ways.

Sure, this struggle between capital and community has been part of San Francisco since its founding, a dynamic that animates our civic life and feeds important political movements that trickle out across the country. And local writer/historian Chris Carlsson has a great article documenting those movements, from the Freeway Revolt of the 1960s to the pro-tenant and anti-displacement activism around the last dot.com boom.

“Read one way, this short history demonstrates the relentless power of money in defining who is a San Franciscan and who can stay and who must go. But read another way, this history shows that there is historic precedent for optimism that the worst consequences of today’s creative destruction of the city can be averted if we know and use our history,” Carlsson wrote.  

But in a Q&A interview with author Rebecca Solnit, both celebrates that dynamic and explains why things are different this time: “You can image San Francisco as full of dynamic struggle that’s been pretty evenly matched between the opposing sides since the Gold Rush. There have always been idealists and populists and people who believe in mutual aid in the City of San Francisco. And there have also been ruthless businessmen and greedy people: the ‘come in and get everything and be accountable to nobody and hoard your pile of glittering stuff’ mentality has been here since the city was founded. But it has not been so powerful that it has rubbed out the other side.

“Now, however, it feel like Silicon Valley is turning San Francisco into its bedroom community. There’s so much money and so much power and so little ability to resist that it is pushing out huge numbers of people directly, but it is also re-creating San Francisco as a place that is so damn expensive that nobody but people who make huge amounts of money will be able to live here.”

After building off of previous gains, the capitalists of today, those who refuse to even acknowledge the political landscape and dynamics that have been developed over generations, seem to be moving in for the kill, armed with more powerful weapons of accumulation and displacement than their predecessors had or were willing to deploy.

“So what’s the matter with San Francisco? It’s becoming a bedroom community for Silicon Valley, while Silicon Valley becomes a global power center for information control run by a bunch of crazy libertarian megalomaniacs. And a lot of what’s made San Francisco really generative for the environmental movement and a lot of other movements gets squeezed out. And it feels like the place is being killed in some way,” Solnit said.

Yet the issue pointedly avoids falling into us-vs.-them traps or trite demonization of techies, ultimately seeking to provide a more nuanced look at the city’s current cultural and economic clashes than the various East Coast publications have brought to the task. And the best of it is “The Death of the City? Reports of San Francisco’s demise have been greatly exaggerated.”

Written by Rachel Brahinsky, a former Bay Guardian staff writer who is now a professor at the University of San Francisco, the article echoes other concerns about the threats and challenges facing San Francisco, but she finds a potential “seed of the solution” in the city’s current zeitgeist.

For one thing, she challenges the convenient blaming of “techies” for the problems facing San Francisco, noting that some of the city’s best progressive organizing has been done by those with skills and/or jobs in the technology sector, often by people who despise the corporate managers and investors who run the industry as much as outsiders do.

“The problem isn’t tech, but corporate tech,” she writes.

Brahinsky also urges readers to broaden their lenses to consider San Francisco as part of the broader Bay Area, which now much confront the growing challenges of rising economic inequality and gentrification as a region, using the clashes here as a catalyst to finally pursue what she calls “ethical urbanism.”

“What is to be done? There is no lone policy shift that will salve these corporate tech wounds. There are many good solutions under debate now; with continued pressure they may become law in the same way that rent control moved from impossible to mainstream in 1978,” she writes.

The prescription she then offers includes fostering greater community engagement, developing regional policies that promote “community development without displacement,” not blaming techies for the sins of landlords, finding ways to increase the density of development without displacing or sapping vital public services, using open source tech tools to increase awareness and broaden the progressive movement, and “you need to fight like hell for the kind of city you want.”

Finally, in closing, she writes, “The San Francisco region’s most potent dreams are made of the kinds of struggles that refuse the sweeping change brought by the economistic forces of urbanism. What we witnessed in the winter of 2014 was a reawakening of this side of ‘San Francisco,’ a part of the city as mythic and real as the Gold Rush. The ongoing cacophony of protests, corporate tech-activist happy hours, housing lectures and forums, and the ballast of anti-eviction committees brought together by two months of tenants conventions are all signs of this legacy regathering steam. What happens next?” 

Enter if you dare! Spirited local actors highlight Jefferson Street’s ghoulish new attraction

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A new attraction is coming to Fisherman’s Wharf June 26, and it’s pretty surreal. The San Francisco Dungeon, the eighth in a series by Merlin Entertainments and the first stateside (most of the other dungeons focus on medieval history and are scattered throughout Western Europe), is a subterranean labyrinth where actors lead patrons on a hodgepodge tour of creepy SF-inspired historical haunts. 

There’s obviously a lot to be skeptical of here. For one, Merlin, which is centered in the UK, is a gargantuan enterprise second only to Disney in the themed tourist trap world — other assets include Madame Tussauds, Legoland, and a bevy of contrived wildlife safaris. San Franciscans already talk a ton of smack about the half-assed efforts by huge corporate attractions on Jefferson St. to appear “local” — the one or two scattered Californian sports figures or cultural icons in Tussauds, for example, don’t conceal the sterility of the whole operation. 

My visit to the Dungeon didn’t run entirely contrary to these concerns.

The stories that the actors tell occasionally slip into generalities that have little to do with the city, some of the rooms are similarly vague, and the exclusion of the 1906 Earthquake (despite the Dungeon’s focus on 1857-1907), while explained away by artistic director Kieron Smith as too large-scale of an event to cover, feels wrong. There’s also a random water ride that, while impressive from an engineering perspective in that a boat and mini-canal was placed in a very contained space, distracts from any legitimate exchange of history or theatrics. We didn’t get to ride it though, so I’m really in no place to judge. 

Despite its adherence to certain stereotypes, the Dungeon transcends a lot of the more toxic elements that drag down other Jeffersonian locales. Smith, an extremely charming Brit who wrote the entire script for the 50-odd minute tour and has done so at all other Dungeon locations, seems genuinely passionate about the city’s more macabre lore and clearly did his research. Most of the actors’ ghoulish tales of drunken Barbary Coasters and mining ghosts are subtle and relatively specific. I can imagine the full show being nominally educational. 

The preview we received included a scary 1850s Alcatraz ghost tale that packed a legitimate punch. The barred Alcatraz Room, one of nine themed areas, provided a chilling backdrop for a crazed young woman’s recounting of her military prisoner father’s murder and subsequent haunting of the Rock. When the lights flickered and the dead father appeared, complete with gory makeup, the entire room shrieked deliriously. 

Another room, a facsimile of the headquarters of the San Francisco Hounds, a sinister crime organization that flourished in the city after the Gold Rush, was less compelling. An actor playing real-life Hounds leader Sam Roberts mimicked torture tools (including a gag penis-cutter that elicited a few half-hearted laughs) and nervously beckoned the group out of the room when the sounds of a police raid interrupted his demonstration. 

Despite the inconsistency in humor and scares, the actors themselves were all enthusiastic and believable. Since beginning rehearsal a month ago, they have learned to play every part in the tour and will alternate roles when the Dungeon opens. Many of the performers have real chops, and while they likely don’t see two-minute frenetic monologues to scared tourists as their career zeniths, the Dungeon, unlike many of the other less interactive wharf traps, is employing burgeoning artists. 

In addition to hiring local actors, the Dungeon has also worked with several area businesses. Wee Scotty, the prolific costumers headed by Lynne Gallagher, provide all of the period clothes, which look authentic and have an effectively drab and dusty aesthetic. Daniel’s Wood Land scavenged wood from the ruins of a Japanese internment camp in Arizona to panel the walls of many of the rooms — the fact that the rooms looked like they feasibly could have been from over 100 years ago as opposed to cheap plastic imitations makes the experience feel slightly more real. 

The Dungeon isn’t revolutionary — it still belongs in the gimmicky world of Fisherman’s Wharf. The artistic enthusiasm and local involvement, however, lends the entertainment a realness and grittiness that elevates it above most other overpriced diversions. 

 

Opens June 26, $19-$26

San Francisco Dungeon 

145 Jefferson, SF

http://sanfrancisco.thedungeons.com

Party Radar: Hardkiss Brothers celebrate 1991, “Flowers Blooming”

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It’s a tribute to the resiliency of SF’s classic Hardkiss Brothers — and the soul of the SF house music scene — that, after the devastating loss of musical brother Scott last year, Gavin and Robbie Hardkiss have bounced back with an exuberant tribute to the roots of their legendary collective, new album 1991.

This Fri/20 at Public Works (9pm-3am, $10. 161 Erie, SF), they’ll be bringing the Hardkiss family together to celebrate the release of exuberant floor-stomping single “Flowers Blooming” — a rework of lovely 1980 Change track “Glow of Love.” Free download below!

Besides calling to mind the joyful-disco, Luther Vandross-fronted original — oh man, how I love me some Young and Gay American Luther — plus the Inner City “Big Fun” sound of the late ’80s, and the glowing “Flowers in Your Hair” SF Summer of Love aesthetic, “Flowers Blooming” also slips into a luminous legacy of flora-based raveytime anthems. 1991 indeed.

Anyway, I’m high. Here’s what the brothers themselveshave to say about the track, which boasts a slew of remixes and inclusion in this cool flashback “Megamixx”:

“In the latest single off the album, ‘Flowers Blooming/Glow of Love,’ Hardkiss take Change’s 1980 classic ‘Glow of Love’ out for a driving musical journey. First stopping in ’90s Detroit before putting the top down and heading straight for the California sunshine. The result is sun-drenched track that is both irresistible and feel good- a must have addition to any summer playlist. Featuring vocals by Robbie Hardkiss, there’s enough on the new Hardkiss album to satisfy any dancefloor intent on rising up in celebration.” 

 

 

 

City agencies defend their slow response to Airbnb’s illegal rentals

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More information has been coming out about how Airbnb is used to convert San Francisco apartments into tourist rentals — including an interesting study reported by the San Francisco Chronicle last weekend — in advance of next month’s hearings on legislation to legalize and regulate short-term rentals.

But questions remain about why the city agencies in charge of regulating such “tourist conversions,” which have long been illegal under city law, have done so little to crack down on the growing practice. For more than two years, we at the Guardian have been publicly highlighting such violations, which have finally caught fire with the public in the last six months.

Even Mayor Ed Lee — who has helped shield Airbnb from scrutiny over its tax dodging and other violations, at least partially because they share an investor in venture capitalist Ron Conway — has finally said the city should pass legislation to regulate the company, as Sup. David Chiu is trying to do.

But attorney Joseph Tobener, who has represented clients evicted to facilitate Airbnb rentals and has brought a number of such lawsuits on behalf of San Francisco Tenants Union, still can’t get city departments to issue notices of violation even for the most egregious offenders that he’s suing, an administrative prerequisite to filing a lawsuit.

“The Department of Building Inspection and the Department of Planning need to start shutting these violators down by enforcing the existing laws, or we need stricter laws that allow us to pursue our claims without City approval.  Two months ago, we sent our requests to pursue landlords on behalf of the SFTU.  Then, radio silence.  Two months of utter inaction. Someone in charge does not want to see us close the loophole that is allowing landlords to take units out of our housing stock,” Tobener said.

The Chronicle investigation found that in San Francisco, 1,278 Airbnb hosts in San Francisco were managing multiple properties (Chiu’s legislation would limit hosts to their primary residence for just 90 rental nights per year), including 160 entire homes that tourists appear to be renting out full-time. Overall, the paper counted 4,798 properties for rent in San Francisco through Airbnb, 2,984 of which were entire homes, belying the “shared housing” label favored by the company and its supporters.

And even though groups like the San Francisco Apartment Association and SFTU say they have been actively trying to get the city departments to crack down on such illegal uses over the last year, representatives for DBI and the Planning Department say they’ve received few complaints and therefore issued few violations, while also saying they need more resources to regulate the problem, something Chiu’s legislation would begin to help address.

“Our enforcement process is complaint based and we investigate each complaint that is received by our Department (more than 700 per year).  Complaints regarding short term rentals that result in the loss of housing are prioritized for enforcement,” Planning Department spokesperson Gina Simi told the Guardian.

She said that property owners are given the opportunity to correct a violation before being cited, something that she said happens in about 80 percent of cases.

“A case is opened for every complaint received. Since March 2012, we have had approximately 120 enforcement cases for Short Term Rentals.  In each case, notices were sent to the property owner and approximately half (54) have been abated and half (66) are active cases.  Many of these (approximately 30) were received since the beginning of April 2014,” she told us when we inquired about the issue last month.

As for Tobener’s charge that city agencies are dragging their feet and making it difficult for his clients to pursue relief from the courts, she said, “The ability for interested parties to pursue the matter through civil action (for injunctive or monetary relief) following the filing of a complaint and determination of a violation is a process outlined in Chapter 41A, which is enforced by the Department of Building Inspection.  Enforcement under the Planning Code does not allow for interested parties to seek civil action.”

But DBI spokesperson William Strawn said his department hasn’t received many complaints, claiming to have gotten just three total through the end of last year.

“A few weeks ago, per Mr. Tobener, we did receive seven complaints, with documentation, that the Housing Division is still reviewing; and, per [DBI Chief Housing Director Rosemary] Bosque, we also recently received an additional seven complaints – for a current total of 14 – that also are under review and being scheduled for administrative review hearings, as required by Chapter 41A,” Strawn told the Guardian.

But he also pointed his finger back at the Planning Department as the agency that should be handling problems related to the short-term stays facilitated by Airbnb.

“Given that these ‘duration of stay’ issues are Planning Code matters – a point we have made to Supervisor Chiu, and which I know you discussed with the Planning Director {John Rahaim] during Supervisor Chiu’s media availability on this issue a few weeks ago – the role of the Building Department in the enforcement of these types of complaints in our relatively new Internet Age will require guidance from the City Attorney,” Strawn told us.

Indeed, in response to a Guardian question about why the Planning Department seems to have ignored violations facilitated by Airbnb, Rahaim said that his department hasn’t had the resources, tools, and authority to address the problem, even though, “This is an important issue we’ve been hearing about for quite some time.”

Snap Sounds: Lone

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LONE
REALITY TESTING
(R&S RECORDS)

Matt “Lone” Cutler’s heart belongs to hip hop.  It’s easy to forget this given how the British producer only started to attract critical notice after switching from the post-J Dilla instrumentals of his early albums to a style that had more in common with house and rave music. The transition wasn’t terribly unnatural given that his sonic trademark was rich synth chords, a sound rare in hip hop but prevalent in dance.  He kept those intact; he just switched up the rhythm and instantly went from generic beatmaker to underground dance hero, producing one of 2012’s best electronic albums in Galaxy Garden.

Reality Testing is his follow-up, and remarkably, it makes no attempt to refine or outdo Galaxy Garden. It’s less ambitious and more playful, incorporating hip hop influences in equal measure to house influences. Cutler’s cited Madlib and Boards of Canada as influences; though Galaxy Garden carried traces of those artists’ respective hip hop and ambient styles, Reality Testing sounds pretty much exactly like the midpoint between those two.

The result isn’t anywhere near as entertaining or evocative as Galaxy Garden. With the exception of the relentless “Airglow Fires,” the dance-oriented tracks are nothing special compared to the ones on any of his previous albums. A lot of them seem to be based on the same formula he’s used for all his dance tracks, except with a rather dull constant 4/4 kick rather than the skittering rhythms that define his best work. (He’s even using the same chords.) They don’t sound like attempts to refine or replicate his past successes; they’re just not that well-made.

The hip-hop tracks don’t fare much better.  Though “Cutched Under” and “2 is 8” both rank among Lone’s best productions, the other tracks don’t retain much of the his personality and end up sounding more like the generic bedroom “beats” that dominate much of SoundCloud.  As much as Lone loves hip hop, he’s frankly a better dance producer, and it’s a shame he didn’t play more to his strengths here.  If the dance tracks were better, his beats might be more forgivable.

I believe Reality Testing chiefly serves as an establishment of Lone’s independence from musical trends or critical expectation.  If so, it’s an admirable gesture.  Critical acclaim can sometimes scare artists into simply refining their sound rather than expanding on it or exploring new directions, and it’s thus a relief to see Lone continuing to play by his own rules.  But after listening to Reality Testing, I find myself wishing he’d just played it safe.

Doo-wop (that thing): talking with the cast of ‘Jersey Boys’

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The backstage musical that turned the story of Frankie Valli and the Four Seasons — known for 1960s doo-wop ditties like “Sherry,” “Big Girls Don’t Cry,” “Walk Like a Man,” and a zillion more; you will recognize all of them — into Broadway gold ascends to the big screen Fri/20 thanks to director Clint Eastwood, a seemingly odd choice until you consider Eastwood’s own well-documented love of music. 

Jersey Boys weaves a predictable tale of show biz dreams realized and then nearly dashed, with a gangster element that allows for some Goodfellas-lite action (a pre-fame Joe Pesci is a character here; he was actually from the same ‘hood, and was instrumental in the group’s formation). With songs recorded live on-set, à la 2012’s Les Misérables, there’s some spark to the musical numbers, but Eastwood’s direction is more solid than spontaneous, with zero surprises (even the big finale, clearly an attempt at a fizzy, feel-good farewell, seems familiar). 

Still, the cast — including 2006 Tony winner John Lloyd Young as Valli, and Christopher Walken as a sympathetic mobster — is likable, with Young in particular turning in a textured performance that speaks to his years of experience with the role. I spoke with Young, Michael Lomenda (who plays original Four Season Nick Massi), and Erich Bergen (as Bob Gaudio, the member who wrote most of the group’s hits) when the trio made a recent visit to San Francisco to promote the movie.

https://www.youtube.com/watch?v=6tC1yOUvvMo

SF Bay Guardian This must be a crazy time for you guys.

John Lloyd Young It’s a very exciting time for all three of us, and including our fourth colleague Vincent Piazza [who plays Four Season co-founder Tommy DeVito]. This is our first major studio feature film, and we got to be directed by Clint Eastwood. 

SFBG Did he ever break into song on the set?

Michael Lomenda [Laughs.] It was very interesting, actually, to see him between takes trying to capture that Frankie Valli falsetto. I think it was an ongoing challenge for him the whole 38 days that we shot, to try and figure out how to manipulate his voice in that way.

JLY It was a tongue-in-cheek challenge, because it was all playful. He knew he wasn’t gonna sing like Frankie!

SFBG Few can! Though, you’ve been able to do it for several years. How do you keep your voice in shape to hit those notes?

JLY Well, you either have a falsetto or you don’t. If you have it, you just keep it in shape the same way any singer does. Obviously, singers, there’s certain things we can’t do. We can’t go out and yell all night in a bar. We shouldn’t smoke, we shouldn’t drink. The voice is very delicate. Those are very delicate muscles. Anything you do that’s not good for your body in general won’t be good for your voice. But, basically, just living a clean life. And Frankie Valli himself will tell you the same thing.

SFBG It’s interesting that you bring up clean living. I hadn’t seen the stage show, and I didn’t know much about the group before I saw the movie. But in every show-biz biopic, there’s always some kind of vice (usually drugs or booze, as in Walk the Line) that threatens to ruin the performer’s success. Here, it’s the mobster subplot — mobsters are not the typical vice.

Erich Bergen I think that’s one of the things that’s very interesting is that Frankie didn’t get into [drugs or alcohol]. That’s sort of the reason why he’s still around and he’s still on the road, because he’s been able to preserve not only his gift, but his life. Of course, he went through some harsh things in life. He went through a couple of marriages and divorces, and obviously he lost a daughter. Actually, and we don’t go into this in the movie, but he’s lost two daughters. He’s lived a very hard life. He didn’t need drugs or alcohol; that hard life came to him naturally. 

I think that’s what makes this story so interesting: we’re watching someone whose life is hitting him in the face. And we sort of identify with that. I don’t know about you, but for me personally, when I watch a lot of biopics and they start to get into the drugs and all that type of stuff — that’s where I sort of lose them a little bit, because that’s just sort of the generic story at this point. What makes Jersey Boys work is that we really connect with these guys because we identify with them. It’s written in a way that even when they’re not at their highest point, when they’re doing things that aren’t so great — especially the character of Tommy DeVito — we still root for them, and we still want them to succeed. 

SFBG The movie really shows how hard they had to work to be successful. It’s a stark contrast to the music business of today, where someone can become famous overnight thanks to a YouTube video.

EB That’s exactly what we talk about when we’re asked the question, “What makes this story so interesting?” If you look at the groups of today, whether it’s a One Direction or a Justin Bieber, before we actually know their songs, we know what they had for breakfast. But [the Four Seasons] really came at a time when you were trying to hide your real story and project out a shiny, clean image, because that’s what everyone wanted. That’s why Jersey Boys can exist today, because the story was never known. 

JLY I have a thought about that, too, which is that nowadays — without naming anyone by name — a lot of successful music acts are created as an idea in a marketing boardroom first, and then they find someone to fit that image. You know what I’m saying? It seems like the marketers are the stars nowadays. The more you can get an audience to feel there’s something really exciting there, and then get them there, then you’ve won. But when they get there and they don’t have a great experience, well, you already got their money, so who cares?

But I think at the time of Jersey Boys, to succeed you had to work really hard. There were only three networks, and there were very few print outlets. If you actually got on the cover of a magazine, or you got on a network, you made it. But you had to have something to show for it. You had to have talent, and especially that generation of Baby Boomers — the biggest generation we’ve ever had in American history. That’s a lot of people competing for which of the talented ones among them would become known. And the Four Seasons had the talent, but they also had that special, very distinctly East Coast, riveting-to-an-audience kind of thing, with that Mob connection that makes their story unique among that era of bands.

SFBG The movie makes it clear that they had to succeed, because they didn’t have anything to go back to.

ML It’s true. These guys are from the wrong side of the tracks. You have some choices. You can go in the army, you can get mobbed up, or you can become famous, as they say in the film. We also sort of say that they did two out of the three. But I think their music spoke for itself. They broke when their music had to speak for them, and that’s what made them successful.

EB The proof of that is that everyone knows these songs, but not the band. There are so many songs we don’t even get to in this movie, because we’d run out of time! That tells you how much talent they really had as performers, writers, producers — all of those things. Their catalog is endless, and yet nobody knew they were all by the same group.

JL I just saw Clint Eastwood on the Today show, and when they introduced him, they said the Four Seasons had 71 chart-topping hits. 71! I think that’s incredible for that band, coming out of that decade.

SFBG They were also commercially savvy. The songs were so catchy. No wonder people liked them.

ML I think that’s they key to why their music has stood the test of time. Maybe it’s commercially viable, and it is good pop music. But if you did a little deeper into some of the lyrics — for example, “Dawn” is one of my favorite songs, and they’re singing, “Dawn, go away, I’m no good for you, think about what the future would be with a poor guy like me…” It’s that kind of lyric that brings depth so what initially could be perceived as just pop, bubblegum music. It spoke to an audience that I think was sort of the fabric of America.

JLY Their early attempts at marketing are sort of outlined in the movie. You got [producer] Bob Crewe giving them advice on how to get their songs out there. You have Bob Gaudio figuring out how to get his songs out there. I know, and am friends with, the real Bob Gaudio, and it’s funny, he’s a hugely successful songwriter, but he almost seems more proud of his business successes than he does of his songwriting. He gets pumped by being smart in business as he gets pumped by writing a good song.

SFBG As actors, does it present a particular challenge to play a real person, a famous person, particularly if that person is still living? Or were you able to put your own stamp on the characters?

EB I think John had the most pressure out of all of us, because he’s playing someone that’s so well-known, and John can tell you about that experience. But for the rest of us, we really did invent these characters. Even though they were real people, and while we wanted to pay respect to these people, and their families, we did have the luxury of not having to play John Lennon and Paul McCartney. They’re not well-known to the public. So we did get to use our skills as actors and create characters from the ground up.

JLY One of the benefits as an actor approaching the role of Frankie, even in the beginning in the original cast, is that he is known. People know what he looks like and they know what he sounds like. He did some talk show stuff, so they kind of know how he moves. So I knew that I needed to get his physical attributes down. I needed to evoke his sound, look like him, talk like him. But outside of those physical things, the internal life of Frankie Valli, we don’t really know. We didn’t know. 

When I was researching the original Broadway show, all I could find were maybe 12 minutes of footage of him at the Museum of Television and Radio. That was, like, the year before YouTube broke, so now there’s footage of him everywhere, but I didn’t have the benefit of that. But now I have seen a lot of YouTube and everything. So I thought, as long as I get those physical characteristics down, the story of the Four Seasons, the story of Frankie Valli, is still largely unknown to audiences. So I had free reign to kind of build the psychological reality of the character using my own imagination, and the cues that I had from the script. And knowing Bob Gaudio, Frankie Valli’s real-life best friend, and the things he told me about Frankie, and knowing, of course, the man himself. 

But I didn’t feel pressure so much. The pressure I felt was to honor the people who put this movie together, which was Frankie and Bob, and to portray the character in a way that was compelling and riveting to an audience so that we’d have as successful a show as we could have. And now, I think that I feel very proud of what we’ve accomplished with this movie, and I think it’s an enhancement, actually, of what has been out there all these years, with the successful stage musical across the world. 

SFBG How true is the movie to the stage production?

ML It’s actually very similar. We were lucky to work with [screenwriters and musical authors] Marshall [Brickman] and Rick [Elice] on the film, which I think we were all very grateful for, because it meant that we didn’t have to learn too many new lines. [Laughs.] But it was great. I think when I first found out that the movie was being done, I was really concerned that the final product would be true to the stage, because the script is so fantastic. But beauty of film is that you get to flesh out certain relationships, and certain storylines. I think fans of Jersey Boys are going to love a lot of the scenes that they loved from the stage version, but they’re also going to go crazy over the other stuff, the extra stuff that is put into the film.

The stage production is directed in a very slick fashion, but logistics dictate that you have to move from scene to scene very quickly to keep up the energy going in the two-and-a-half hour show. But what Mr. Eastwood does so beautifully with this movie, and with all of his movies, is create a real environment that’s rich and tangible, that you can really sense in the theater. I think Jersey Boys fans are going to love that as well.

JYL If people love the stage show of Jersey Boys, the movie is going to give then a much deeper, more thorough, and much more detailed experience.

SFBG I did not realize, until I was reading up on the movie, that there were Jersey Boys superfans who have seen the show hundreds of times.

EB Michael and I opened the national tour of Jersey Boys in San Francisco, and six years later Michael closed that tour in the same theater. This was my first discovery with anything remotely like that. I remember seeing these fans come in over and over again. At first I thought, “What are they doing?” and “Where are they getting the money that they’re buying such great seats three times a week?” I remember I got a letter one time, we all got these letters, from a fan who said, “I know you probably think it’s crazy that I’m here all the time, but this is the first time I’ve felt happy in 10 years.”

When we get things like that, we don’t really know what to make of that. But we are so thrilled that it’s had an impact. I don’t know if it can be explained. People often ask us, “What is it about Jersey Boys that keeps people coming back?” I don’t know if I know. I don’t know if anyone knows. I know that when people come to see the show, they’re affected by it for whatever reason. It moves them, it changes them. They are really passionate about it, and we’re just sort of lucky that we got to be a part of that somehow. I don’t really know what else to say about it!

JYL I have something else to say about it, and that is: if a person has seen the stage play of Jersey Boys 100 times, let them know, please, on our behalf, that for the price of one Broadway ticket, they can see this movie 10 times! [All three laugh.] So we hope that they decide to make their investment in 10 tickets for the movie. 

SFBG What’s up next for you guys? More musicals?

ML I think we’ve all been bitten by the movie bug. To start on a Clint Eastwood set, we’ve been a bit blessed and totally spoiled. So, I think certainly, we would all like to dive further into this genre and explore it.

EB I agree. My album comes out next week, some new music that I just recorded down in Nashville, and I’m in a new series on CBS this fall called Madame Secretary. I will also be hosting lots of Jersey Boys viewing parties once the DVD comes out. [Laughs.]

JLY I have a new album that I just released, My Turn — it’s R&B hits from the 60s in my voice, not Frankie’s, and it’s on iTunes and Amazon. I’m also a recent appointee by Barack Obama to the President’s Committee on the Arts and Humanities. So I’ll be working with kids in the lowest-performing schools, re-inserting arts into their curriculum to increase their school performance and their school culture. The actor Kal Penn and I will be sharing a school district in Des Moines, Iowa. I’m really looking forward to it.

JERSEY BOYS opens Fri/20 in Bay Area theaters.

Free Sunday meters challenge rejected, SFMTA board’s independence questioned

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The San Francisco Board of Supervisors voted to reject an environmental appeal of the decision to repeal paying for parking meters on Sundays, which was voted on by the San Francisco Municipal Transportation Agency in April as part of the agency’s annual budget approval.

It was a hotly contested decision, as competing interest groups fought for their slice of Muni’s funding. SFMTA Chairman Tom Nolan told us at the time, “As long as I’ve been on the SFMTA board I’ve never felt more pressure.”

This week’s appeal to the Board of Supervisors focused on one aspect of the overall SFMTA budget: the repeal of paid Sunday meters. 

“I appreciate there is frustration,” SFMTA Director Ed Reiskin said to the board. That was an understatement.

The Sunday meters benefit many, the appeal’s filers contended: Less cars circled around looking for parking (because more drivers could actually find spots) meant reduced congestion and safer streets for bicyclists and pedestrians. It’s a sign of the strength of the argument that the appeal was filed by transit advocacy group Livable City (whose executive director is BART board member Tom Radulovich) and Mario Tanev, a very bright policy wonk over at the San Francisco Transit Riders Union. 

The SFMTA’s own data proves the Sunday meters were good for the city,” Cynthia Crews of the League of Pissed Off Voters said to the board. “We need to stop playing chicken with public safety.”

But despite the environmental benefits of paid meters, the appeal was rejected. The reasons are buried in political gobbledygook, but untangling the complex story reveals the mayor’s power, and his missteps. 

Firstly, the environmental appeal wasn’t exactly aimed at the meters themselves, but at the SFMTA budget as a whole. That’s because the SFMTA board didn’t vote to repeal Sunday meters directly, but stuffed it into their approved budget, which is exempt from California Environmental Quality Act review. It was like serving up a distasteful Sunday meter fruitcake with the Muni budget holiday meal: You’d better eat the whole dinner, or else you’re not eating at all. 

Budgets are statutorily exempt from environmental review (otherwise there’d be an EIR with every major financial decision). So the Sunday meters were approved through a politically tactical move, shielded by the environmental exemption cloak of the budget.

This meant the environmental appeal yesterday targeted not just the meters, but it could effectively challenge the entire SFMTA’s right to environmental review exception for its budgets, supervisors said. They also warned such a challenge may set a precedent for other budgets from other agencies to not be exempt from environmental review, an onerous burden. That was too big of a pill for the board to swallow, which is likely why only two supervisors voted against granting the SFMTA the CEQA exemption: John Avalos and Eric Mar. 

Yet most of the political maneuvering wasn’t from the board, but from Mayor Ed Lee, a problem Supervisor David Campos used this review hearing to highlight. Even if you do or don’t want to see Sunday meter parking, irrespective of the issue,” Campos said, “I think the way this matter was handled by the SFMTA, respectfully, is not something anyone should be happy with.”

He continued: “Let’s be clear: The reason why the SFMTA budget included an item that did not provide for funding from Sunday meters is because the mayor wanted it that way. We have a budget system that is essentially run by decisions made in the Mayor’s Office.”

We posed this idea in our story “Politics over Policy” [4/22], contending that because the SFMTA is appointed by the mayor (meaning, he picks and chooses who is on the board), the board members are therefore politically beholden to the mayor. 

Campos drove this point home at the meeting: “I think there’s something to be said when the appointment of one official (on the SFMTA board) is entirely dependent on [the mayor], who can disagree or agree with the decisions you made.”

The night before our last story went to print, SFMTA Board Chariman Tom Nolan told us that was in fact exactly what happened on the Sunday meter issue. The SFMTA board, whose directors vote on resolutions every week, received a phone call from the mayor asking for a specific vote. And he got it.

Ed Resikin, myself, and a few others in a conference call [with the Mayor’s Office],” Nolan said. He told us the central message of the call was this: The mayor wanted to put a vehicle license fee increase on the city’s November ballot. In order to do that, the mayor contended, car drivers needed to feel like they weren’t being nickled and dimed. Paid Sunday meters had to go. 

That was where they advanced the idea that the mayor wanted to do that,” Nolan told us. “That call was right before the mayor’s State of the City message.”

Nolan is an affable, straightforward person. The budget the SFMTA passed came on the heels of a fiery meeting, filled to the gills with activists from the senior and persons with disabilties communities. They asked for free Muni for those same groups, which would cost less money than the Sunday meters would bring in — many at the meeting said the meters could pay for the free Muni service. The need is dire, as some seniors said they regularly made the choice between groceries and a Muni pass.

Nolan sounded deeply effected by their stories.

“Muni is for everybody, especially those who need it most,” he said. “The testimony was very heartbreaking. It’s expensive to live in this city.” 

But in the end, he told us, the mayor felt it was best to kibosh the Sunday meters, which deprived the SFMTA of funding to make Muni free for qualified seniors. We asked Nolan if the mayor had outsized influence on the SFMTA board.

“I think people are aware that we are quasi-independent,” he said. “We are clearly part of the city family. I can assure you that this happens very seldom that we get this pressure from the Mayor’s Office. He’s a very open-minded guy, really, and he has a high tolerance for ambiguity, which I like.”

“But,” you don’t turn him down, he said, because, “he’s the mayor.”

SFMTA Board Director Cheryl Brinkman supported paid Sunday meters. But when justifying her vote to repeal them, she told the packed board meeting the “best political minds” in the Mayor’s Office said it was the right thing to do in order to pass the VLF increase ballot measure.

But in a move that outraged Sup. Scott Wiener and many others, just this month Lee dropped the VLF ballot measure altogether for this year, eventually agreeing to support its placement on the November 2016 ballot.

So to pave the way for success at the ballot box the board rejected free Muni for seniors and lost over $10 million in Muni funding. And in the end, the mayor threw all the justification for his compromises out the window.

Best political minds, indeed. 

DCCC calls against Prop B did not have desired effect, did raise questions

Chairperson Mary Jung of the San Francisco Democratic County Central Committee, a highly influential political body that governs the San Francisco Democratic Party, has come under fire for “misuse of funds” after authorizing the use of DCCC dollars to make calls to voters just before the June 3 election.

The funds in question, according to DCCC members who raised concerns, came out of a $25,000 check from billionaire venture capital investor Ron Conway, received by the DCCC May 30.

In a June 16 letter – signed by DCCC members Kelly Dwyer, Hene Kelly, Sup. Eric Mar, Sup. David Campos, Sup. John Avalos and Petra DeJesus – Jung is taken to task for directing $11,674.48 from this donation be used for phone calls placed to voters in opposition to Proposition B, which appeared on the June 3 ballot, just before the election.

As previously reported, a complainant cried foul on this action in a filing with the San Francisco Ethics Commission, because callers seemed to be intentionally misleading voters by implying that the No Wall on the Waterfront Campaign, which backed the measure, was opposed to it.

When we phoned Jung for comment on that complaint, she said she did not have the call script and could not comment on the charge that the calls were misleading. She also said Conway’s contribution was not necessarily put toward the No on B calls. Instead, she told us, she could not link any single donation with any single expenditure, because the DCCC had been conducting broad fundraising efforts leading up to the election.

In their letter to Jung, the dissenting DCCC members argued that her decision to authorize the use of funds for the No on B voter calls violated the organization’s bylaws, because “there was never a vote by the members to expend $11,674.48 to make calls for No on B.” 

The letter points to an article within the board’s bylaws, stating that “Disbursements of SFDCCC funds … shall be authorized by a majority vote of the voting members present and voting at a regular meeting.” 

In the end, San Francisco voters overwhelmingly approved Prop. B, which requires voter approval before building heights may be increased above established limits for new waterfront development projects. However, the measure was not popular among real-estate development interests.

In addition to being chair of the DCCC, Jung is employed as a paid lobbyist for the San Francisco Association of Realtors, making her professionally positioned at the center of the San Francisco real-estate community.

“The power that comes with being the Chair does not mean that you can circumvent Bylaws and advocate and raise money for causes that you happen to also work for,” the authors of the letter stated bluntly. “There is a serious conflict of interest here.”

When the Bay Guardian phoned the DCCC to ask if there was an expert on the organization’s bylaws who might be able to comment on whether the rules had been violated, we were directed to Arlo Hale Smith, a 30-year DCCC member and parliamentarian with a deep understanding of the bylaws.

Smith offered an interesting twist on the matter: He said these funds were indeed “properly expended, under the emergency provision.”

The emergency provision? Yes, Smith explained, the DCCC bylaws contain a provision allowing the DCCC chair and treasurer to authorize the use of funds without first calling a vote, “in the event of an emergency.” This provision has been used in the past, he said, to authorize last-minute expenditures when an election imposes a tight deadline.

Since the money arrived three days before the election, there was no time to call a meeting and vote on it, Smith clarified. That’s why it was perfectly legitimate for Jung to authorize the use of funds. He added that disagreement over the content of the calls warranted a separate conversation.

“Because of when the check arrived – it constituted an emergency,” Smith noted, confirming that he was talking about the check from Conway.

That would be the same check from Conway that Jung told us had nothing to do with the No on B calls.

Sounds like the DCCC is going to have lots to talk about on June 25, when the members who submitted the letter asked for a hearing on this matter.

Here’s the full text of the letter.

DCCC members' letter to Chair Mary Jung

Supervisors consider affordable housing half-step

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While the Board of Supervisors today considers placing a measure on the fall ballot that would slow market rate housing projects when affordable housing development drops below 30 percent of total production, it is also slated to quietly approve another item showing San Franciscans actually need more than double that amount of housing.

The 30 percent ballot measure by Sup. Jane Kim is covered by the San Francisco Chronicle this morning, an article that includes Chicken Little quotes from developers and their biggest cheerleaders, who fear the sky will fall if the current flood of luxury housing development is slowed even a little bit.

But those fears are unlikely to materialize given that Kim seems to have steadily weakened her measure since its introduction last month, responding to allies who deceptively warn of a “housing civil war.” The measure doesn’t create the moratorium that many affordable housing advocates have called for, simply a bit more paperwork for developers, and even then it exempts projects with less than 25 units and those bigger developers who file applications by the end of this year.

That sort of tepid approach to building the housing that current San Franciscans actually need belies the official city policy of seeking to build more than 60 percent of new housing for those earning 120 percent of the area median income or below, as spelled out in the Housing Element of the city’s General Plan.

Ironically, the board is scheduled to re-adopt the 2009 version of that plan today. Its approval of that plan in June 2011 was challenged in court by neighborhood groups, and in December the court ruled that the city needed to shore up its analysis of alternatives to comply with the California Environmental Quality Act. That work is now done, so the board today will repeal its 2011 action and re-approve the 2009 Housing Element.

The changes weren’t terribly significant — and besides, the city seems to essentially ignore its Housing Element anyway, even though cities and counties are required by state law to complete them and build their fair share of the affordable housing needed in their region. In rare cases, cities and counties can be fined by the state for not doing so, as was the case with Folsom many years ago when it built only market rate housing.

“Plan for the full range of housing needs in the City and County of San Francisco, especially affordable housing,” reads Policy 1.1 of the Housing Element.

Later in the plan, it spells out just how much housing that should be in San Francisco, based on the Regional Housing Needs Assessment done by the Association of Bay Area Governments: “A total of about 18,880 units, or 61 percent of the RHNA target, must be affordable to households making 120 percent of the area media income (AMI) of less.”

So the supervisors probably shouldn’t stretch too far in patting themselves on the back for a loophole-ridden half-step toward meeting its affordable housing obligations, although we’re happy to see at least some progress in the right direction. 

Your Treasure Island Music Festival lineup: Outkast, Massive Attack, and more

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Thanks to a glitch in Ticketmaster’s system (or a human who works for Ticketmaster who is now having a very bad day), we got the lineup for this year’s Treasure Island Music Festival (Oct. 18 and 19) a little earlier than promoters Another Planet Entertainment were planning on announcing it. [Update as of noon-ish: The lineup’s now on the festival’s official website, too.] Here we go:

Outkast
Massive Attack
Zedd
alt-J
TV On the Radio
Janelle Monae
Santigold
The New Pornographers
Washed Out
Jungle
Banks
St. Lucia
White Denim

POLICA
The Growlers
Classixx
Chet Faker
Ryan Hemsworth
Ana Tijoux
Asgeir
Xxyyxx
Ratking
Tobacco
Bleached
Painted Palms
Waters

With the exception of Painted Palms and Waters (good on ya, boys), it’s a pretty non-local crowd — but otherwise a pleasant mix of electronic and indie/garagey kids, which is of course in line with the crowd the festival usually draws. And if you missed Outkast at Coachella and BottleRock (where they were somewhat disappointing and excellent, respectively), well, here’s your next chance. At this point, honestly, we just hope it’s warmer than last year, because the chilled-to-the-bone memory of chugging overpriced wine and wondering if our hands would ever regain feeling again while waiting for Beck to come on is still alarmingly fresh.

Tickets go on sale this Thursday at 10am. Other thoughts on the lineup, folks?

Picture of SF’s extreme income equality worth thousands of words

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Sometimes visuals paint a picture in a visceral way that mere numbers can’t, and that was the case when the Anti-Eviction Mapping Project recently released a graph highlighting the magnitude of San Francisco’s high rate of income inequality growth and how it compares to other major cities around the country. San Francisco’s purple bubble is floating way up, all alone, above Atlanta, Georgia’s orange bubble and everyone else closely grouped together. 

The graph’s findings reveal the sad but well-known fact that San Francisco is widely unequal, and it comes as little surprise that from 2007 to 2012, SF saw its income gap grow faster than any other major city in the United States.

The visualization cited a Brookings Institute report on income inequality released in February, which found the income of San Francisco’s low-earning residents (more specifically, those in the 20th percentile of yearly income) dropped by an average of $4,000 during that timespan, while the highest-earning residents (the 95th percentile) saw their income jump by an average of $28,000 over the same period. The latter figure was the largest gain in any American city, and it affirms what’s already clear to city residents: The rich are getting richer while the poor continue to get poorer.

That message might seem like old news to those familiar with San Francisco’s income inequality issues, but the truly alarming part of the study is the rate at which the trend is occurring. Though it provides further confirmation of an unpleasant fact that has plagued San Francisco residents for years, the unprecedented speed of the income gap’s increase is especially startling given the efforts to rectify the issue. As the mapping project pointed out, “trickle-down economics does not appear to be working” in San Francisco.

The gap has become so pronounced that the city’s 2012 GINI Coefficient (which measures income distribution) of .523 would make it the 14th-most economically unequal country in the world if San Francisco were its own nation. That’s right in line with countries that are widely known for their income inequality, like Paraguay and Chile, and more than twice as unequal as top-ranked Sweden.

Perhaps the best indication of this growing division has been the drastic increase in evictions throughout the city. The Anti-Eviction Mapping Project has worked to shed light on the issue, releasing time lapses showing the evictions while making it clear that seniors and disabled people aren’t immune to the trend either.

The Anti-Eviction Mapping Project is probably best known for protesting the Google tech buses, whose effects on local communities they’ve researched extensively. The organizations’ maps showlinks between the location of bus stops and a large number of evictions in the same areas.

Developing nations with income gaps akin to San Francisco’s don’t have tech buses driving around their streets, so it’s no surprise that the buses’ unpaid use of public bus stops hasn’t left residents of lower income areas particularly thrilled, especially with the tech sector pushing up the price of housing in those areas while contributing heavily to the results of the Brookings Institute report.

American revolution: Smith Henderson talks ‘Fourth of July Creek’

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Smith Henderson is all smiles. His debut novel, Fourth of July Creek, has been receiving rave reviews since its release two weeks ago, has a 100,000 copy pressing from HarperCollins, and was recently called “the best book I’ve read so far this year” by Washington Post critic Ron Charles.

“I was not expecting the Ron Charles thing … that was amazing,” Henderson says, sipping his beer on the outdoor patio of Farley’s East in Oakland. (He’ll be reading from the book Tue/17 at San Francisco’s Book Passage.) While the degree of success that the book is receiving tickles Henderson, he doesn’t pretend to be shocked that people are enjoying his work. “When people tell me ‘I love your book,’ I’m happy, but not chagrined. I wrote the book toward my interests, so of course I like my book.” Henderson smokes a cigarette as he chuckles. 

His novel explores the plight of Pete Snow, a Montana social worker who discovers a feral boy, Benjamin, and his survivalist father Jeremiah Pearl. While dealing with the dissolution of his own family, several other cases, and a tumultuous romance, Snow uncovers Pearl’s revolutionary ideas and begins to question his own safety and that of his entire community, the rural town of Tenmile. Henderson’s intertwining plot confronts a plethora of contemporary societal ailments, including alcoholism, suspicion of government, child neglect, cultural polarization, and the gift and curse of religion. 

Much of our conversation concerned the intricate plot points that Henderson somehow manages to sew together seamlessly. Such a combination of topicality and technical flourish has led Charles and several other high-profile critics to throw around words like “Great American Novel,” meaning work consistent enough and broad enough in  political scope to say something profound and lasting about the nation. 

Henderson isn’t one to label his own work, but he doesn’t entirely laugh off the potential hyperbole either. “I think it’s tricky to use words like ‘Great American Novel’ because it’s set in Montana — it’s a very white state. There’s a lack of diversity that I think is necessary in talking about the whole country.” After a moment of rumination, however, he offers a partial refutation of his own point. “That being said, the novels that come to mind are pretty regional as well; Beloved is pretty focused on a single location and group.”

While Montana might not be the optimal mirror for America, it’s a place that Henderson knows quite well. A native son, he grew up in the state and went to college, like Pete Snow, in Missoula. (He now lives in Portland, Ore.) “My whole family are cowboys and loggers. My dad is still a logger,” he says proudly. “Montana is a weird place … there’s a libertarian streak that is pretty unique in how it manifests itself.” 

Henderson cites the 2004 election, in which Montana voted for George W. Bush, legalized medical marijuana, and constitutionally banned gay marriage all on the same ballot. The odd mix between “live free or die” and socially conservative practices in the state provided an ideal climate for the confrontation between Snow, a government employee with the Department of Family Services, and the fiercely anti-authority Pearl. The eventual escalation between the government and the community is easy to believe. 

“Things are always liable to get a bit wacky and out of control up there,” says Henderson. 

Yet Henderson, while by no means conservative or religious, isn’t trying to write a book about extreme zealots. “At first it’s possible to look at Pearl and think he’s completely insane. But a lot of his paranoia is not entirely unfounded.” 

Near the end of the book, Pearl uses an example of government agencies  replenishing the Montana wolf population as an example of how dangerous Federalism can become. “Pearl basically suggests, ‘You may think your wolves are pretty, but they are liable to eat me.’ That lack of practicality is real.” 

While Henderson set Fourth of July Creek in the early 1980s, he was inspired by the rhetoric going on in national politics today. “Arguments like those of Pearl’s are all over the place right now, and initially they may seem just as paranoid. But when you have unmitigated drone strikes and NSA surveillance it isn’t impossible to see where people are coming from.” 

He does, however, see the value of government intervention — Helena pays his ultimately heroic (or at least likeably anti-heroic) protagonist, after all. “On the other hand, you have health care, gay rights, the environment, all receiving meaningful support.”

Though informed and interested in the modern state of affairs, Henderson was very intentional in his chronological setting of the book. He leans forward and takes on a quieter, more intense tone as he talks about the era directly succeeding Carter’s economic and military failures. “1980 was an inflection point. Obviously Carter, while getting a lot right, struggled a ton in the implementation. And the backlash to that, coming in the form of the Reagan Revolution, has really defined modern society … We learned how to make wealth out of thin air — at least for some people.” 

Reagan’s election and the surrounding rhetoric takes center stage in the book. Judge Dyson, an aging and alcoholic Democrat, openly weeps as he watches the election results with Snow. “It was the death of the LBJ, rural-big-government Democrat. And that’s something I’m not sure we’ll ever get back.” 

In addition to highlighting the philosophical shifts that have led to the urbanization of liberal thought, Henderson also uses the relatively unorganized pre-digital bureaucracy as a major plot device. “There was no concept of secondary trauma in 1980 Montana. There was no social worker to help Pete deal with the horrific things that he sees on a daily basis.” 

The dearth of support systems fuel Snow’s drinking bouts, depression, and difficulty in handling his daughter’s disappearance and ex-wife’s instability; he may be a great social worker, but the state’s inability to track his emotional progress and casework eats away at his life.

A fascinating storyteller and political force, Henderson is also often  technically experimental. The portion of the book that details Snow’s daughter’s descent is done in the form of an anonymous question and answer. “When I write, I almost always write questions to myself: ‘Where is Pete Snow from?’ ‘Choteau.’ ‘Why Choteau?’ For the Rachel section, I just left it in that form.” 

But the section is far from unfinished. Henderson left the section as is because of the intensity of its content — in a pure third-person narrative it felt too stilted. “The voices are full of an anxiety and intensity that couldn’t be captured with the more impartial voice in the rest of the book.”

The frenetic 90 minutes that we spent discussing Fourth of July Creek further convinced me that the book cannot be distilled to one message, but is rather a varied rumination on insecurity, suspicion, and government. When I asked Henderson what he thinks the primary takeaway is, however, he was remarkably candid and quick in his response. He pointed me to the Thoreau quotation that opens the book: “If I knew for a certainty that a man was coming to my house with the conscious design of doing me good, I should run for my life.” 

Henderson then highlighted a passage in which Snow is likened to a priest for how much he gives up to help dysfunctional families. “America in the ‘80s was losing trust for institutions, and continues to. Despite all of his flaws, Pete is worthy of our trust, and hopefully represents a powerful refutation of Thoreau’s instant suspicion for government or those who come to help us.”

Henderson’s creation, while transcending political ideology, powerfully shows the potential for altruism even in a country as broken as the US.

 

Smith Henderson

Tue/17, 12:30pm, free

Book Passage

1 Ferry Building, SF

www.bookpassage.com

Gimme 5: Must-see shows this week

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Happy Monday, y’all. I know, it’s rough. I hope at the very least that your weekend was better than this guy’s.

If not, don’t despair! Here are some rad shows to look forward to this week from the Bay Guardian team. As the late great Casey Kasem (aka Shaggy) would say, keep your feet on the ground, and keep reaching for the stars. Keep your friends close, and your pizza closer. (Okay, that second part’s just me.)

WED/18

Zara McFarlane
You’ve got to be plenty ballsy to venture a cover of “Police and Thieves,” the immortal 1976 reggae track by Junior Murvin (produced by Lee “Scratch” Perry, no less) and transformed into a rock classic by the Clash on their debut 1977 album. But this fascinating Jamaican-British singer’s version, a hypnotic cabaret-jazz version floated by a voice clear as a bell, earns the praise heaped upon it. Included on McFarlane’s new album, If You Knew Her, “a tribute to women, from the alpha female to the housewife,” it puts a feminist spin on the spooky lyrics that decry “scaring the nation with their guns and ammunition, from Genesis to Revelation.” With her classic poise and lucid style (Roberta Flack springs to mind), it’s easy to see why global soul guru Gilles Peterson snagged McFarlane quick for his Brownswood label — Marke B.

8pm, $18 advance
Yoshi’s SF
1330 Fillmore, SF.
(415) 655-5600
www.yoshis.com

THU/19

mewithoutYou
Ten years ago Philadelphia’s experimental post-hardcore outfit mewithoutYou released their sophomore album Catch For Us the Foxes. Now, a decade and three albums later, Foxes is still a beloved fan favorite and the defining album of mewithoutYou’s lyrically rich and musically unique career. The album, which borrows its name directly from the Song of Songs, tackles the band’s usual themes of spirituality, nature, and literature in their trademarked spoken (well, shouted)-word vocals over beautifully melancholy, churning instrumentals. In honor of the record’s tenth birthday, mewithoutYou will be playing the entire record front to back, followed by a set taken from the rest of their catalog. — Haley Zaremba

With The World is a Beautiful Place & I Am No Longer Afraid to Die, Dark Rooms
8pm, $16
Slim’s
333 11th St, SF
(415) 255-0333
www.slimspresents.com

FRI/20

Dean Wareham
While his sharp tenor has gotten a bit lower and his hair is noticeably grayer than it was during his days fronting Galaxie 500, Dean Wareham has remained astonishingly consistent since his burst onto the burgeoning indie rock scene almost 30 years ago. His eclectic and minimalist guitar work and profoundly detached lyrics are on display once again on his eponymous first solo album, which came out in March. To celebrate the occasion, Wareham has embarked on a tour of intimate venus along with his stellar four-piece band. Wareham’s wife and frequent collaborator Britta Phillips, who was an instrumental creative force in Wareham’s post-Galaxie 500 group Luna and on several duet albums since, will also perform with the group. The Chapel, with a capacity of a few hundred, provides the perfect venue to examine Wareham’s instrumental and emotional subtlety a set that he has promised will include tracks from throughout his career. — David Kurlander

9pm, $20
The Chapel
777 Valencia, SF
(415) 551-5157
www.thechapelsf.com

https://www.youtube.com/watch?v=MSIe4eGaT0M

SAT/21

Nightmares on Wax
With a career that now spans two and a half decades, producer George Evelyn (aka DJ E.A.S.E., aka Nightmares on Wax) is credited with being among the first to merge early New York hip-hop with the British B-boy and graffiti scenes of the ’80s, forming what would come to be known as trip-hop. Work with greats like De La Soul followed, but Evelyn has evolved with the times — he’s still considered a go-to inspiration and dream collaborator for today’s up-and-coming hip-hop, dub, and funk hopefuls. He also just released a two-disc “best of,” N.O.W. Is the Time, so this show should be a good time to time-travel a bit — while dancing your ass off, of course.
 

With Ren the Vinyl Archaeologist
9pm, $22-$25
Regency Ballroom
1300 Van Ness, SF
www.theregencyballroom.com

SUN/22

Allah-Las
Fresh from an appearance at Hickey Fest in up in Medocino County, the psych-garage quartet will bring their grooved out, British Invasion-influenced swagger to the stage at GAMH. It makes sense that three of four Allah-Las members met while working at Amoeba in LA; their sound comes off like they’ve absorbed the entirety of the ’60s soul and pop sections of a record store, thrown in a healthy handful of ’70s psychedelia and surf-rock, mixed them all together, and now can’t help but have the dark-tinged, dreamy result basically leaking out their musical pores. It doesn’t hurt that lead singer Miles Michaud channels Jim Morrison eerily well (in vocal tone, hopefully not in recreational drugs of choice).
 

With Dream Boys, Old Testament
8pm, $16
Great American Music Hall
859 O’Farrell, SF
www.slimspresents.com


Extra! Extra! Sunshine advocates beat the Anti-Sunshine Gang in City Hall

27

 By Bruce B. Brugmann

And so the  Anti-Sunshine Gang in City Hall, which for two years has been conducting a nasty vendetta against the Sunshine Ordinance Task Force,  capitulated quietly at Tuesday’s Board of Supervisors meeting without a fight or even a whimper.

The capitulation came in a two line phrase  buried in item 28 in the middle of the board’s agenda.  It was a report from the rules committee recommending  the Board of Supervisors approve a motion for  unnamed nominees to the Sunshine Ordinance Task Force. “Question:  Shall this Motion be approved.”

Board Chair David Chiu asked for approval in his usual board meeting monotone. And the approval came unanimously, with no dissent and no roll call vote and not a word spoken by anybody.  He banged the gavel and that was that. And only a few veteran board watchers knew that this was the astonishing  end to a crucial battle that pitted the powerfuf Anti-Sunshine Gangs against the sunshine forces and the citizens of San Francisco. It was a battle that would decide whether the task force would remain an independent people’s court that would hear and rule on public access complaints.  Sunshine won.

It was ironic and fitting that Chiu presided over the capitulation. For it was Chiu as board president who orchestrated  the deal to demolish Park Merced and then orchestrated the  infamous 6-5 board vote  in September 2010 approving  a monstrous redevelopment  project that would evict lots of tenants, and destroy most of the affordable housing. This was a big deal because the housing crisis was heating up and Park Merced was the largest affordable community in the city and one of the largest In the nation. This is where tens of thousands of young people, young married couples, students and faculty at nearby San Francisco State, older people, and middle class people had come for generations with their families to live in affordable housing in an  “urban park,” as Park Merced promo once put it.

And it was Chiu as board president who was charged by the Sunshine Task Force, along with Supervisors Scott Wiener, Malia Cohen, and Eric Mar with violating the Sunshine Ordinance and the state’s open meeting law (Brown Act) when they approved the project with blazing speed.. 

Wiener, Cohen, and Mar were on the board’s Land Use and Economic Development Committee when they voted on the contract. Literally minutes before the committee vote, Chiu introduced 14 pages of amendments to the contract. The deputy city attorney at the meeting blessed the amendments by saying, gosh, golly, gee, no problem, the amendments do  not substantially alter the contract and therefore the description of the item on the agenda was still apt and the committee could act on it. Bombs away! The full board approved the contract the same day by one vote.

This sleight of hand and pellmell approval process meant that Park Merced was going,going, gone and in its place would be a project that “has no hindsight, no insight, or foresight,” as Planning Commissioner Kathryn Moore was quoted as saying in a scathing Westside Observer column by landscape architect Glenn Rogers. “It is not a project of the 21st century.  It is the agenda of a self-serving developer.”

 The Observer, to its immense credit, was the only media in town to blast away at the project. (Read its coverage and weep, starting with a June piece by Pastor Lynn Gavin who wrote that the Park Merced owners did not disclose to her or her family that they “were going to demolish the garden apartment that was our home.”)  Gavin and her neighbors took the formal complaint to the Sunshine Ordinance Task Force and got a unanimous 8-0  ruling condemning Chiu, Wiener, Cohen, and Mar for open government violations.

It was a historic ruling by the task force and demonstrated once again in 96 point tempo bold the irreplaceable value of the people’s court.  The ruling also had impact because it amounted to a stinging  expose of how government often works in San Francisco with big money and big development and how one vote can add gallons of high octane petrol to the housing crisis. It angered the hell out of the six supervisors who voted for the project.

 And in effect, it gave rise to what I call the Anti-Sunshine Gang in City Hall whose response to the ruling was, not to apologize and change their illegal ways, but to start a vicious vendetta against the task force for doing the right thing at the right time.  The six votes were David Chiu, Scott Wiener, Malia Cohen, Mark Farrell, Sean Elsbernd, and Carmen Chu. Elsbernd has gone on to Sen. Diane Feinstein’s office in San Francisco and Chu to becoming assessor. But the gang picked up other allies along the way, notably the city attorney’s office.

Two years ago, when the task force members came to the board for reappointment, the Anti-Sunshine Gang retaliated and swung into action by “launching a smear campaign aimed at purging the eight task force members who had unanimously voted to find the violations,” according to Richard Knee, a 12 year veteran of the task force, in a June column in the Observer.  Knee, who represents the local chapter of the Society of Professonal Journalists, also wrote that “the mayor and the Board of Supervisors…made sure that the panel gets minimal funding, staffing and resources, and the board has refused to fill two long standing vacancies, making It difficult at times to muster a quorum since task force members are volunteers with outside responsibilities such as family and work.

“Two year ago, the board’s failure to appoint a physically disabled member forced the task force to take a five month hiatus, exacerbating a backlog of complaints filed by members of the public.This year, Knee wrote,  the start of the appointment process was “farcical and ominous.”  He explained that, at the May 15 meeting of the board’s rules committee, which vets applicants for city bodies, the two supervisors present chair Norman Yee and Katy Tang (David Campos had an excused absence) “complained that there weren’t enough racial/ethnic diversity among the 13 candidates. “That didn’t deter them from recommending the reappointments of Todd David, Louise Fischer, and David Pilpel, all Anglos.”

Before the full board five days later, Yee complained again, “this time that lack of a regular schedule and frequent switching of meeting dates were making attendance difficult for task force members. Either Yee had no clue of the facts or he was lying.” Knee explained that the task force normally meets the first Wednesday of each month and its subcommittees usually meet during the third week of the month.

“Meeting postponements and cancellations are the result, not the cause, of difficulties in mustering a quorum, due to the vacancies—which now number three.

“In gushing over David, Fischer, and Pilpel, at the board’s May 20 meeting, Wiener offered no evidence or detail of their alleged accomplishments and ignored the fact that David has missed six task force meetings since March 2013, including those of last February and April. Until the board fills the other seats, the five remaining incumbents—Chris Hyland, Bruce Oka, David Sims, Allyson Washburn, and yours truly—stay on as ‘holdover’ members.”

Meanwhile, by the next session of the Rules Committee on June 5, the sunshine advocates had rallied and put together an impressive mass of sunshine power. Testifying at the hearing were representatives from SPJ and the journalism community, the League of Women Voters, the ACLU, the sunshine posse, the Library Users Association, the Bay Area News Group, the Inter-American Press Asociation, the Center for Investigative Reporting, the UC-Berkeley Graduate School of Journalism, the First Amendment Coalition, the  Electronic Frontier Foundation, the Observer and neighborhood activists, and other sunshine allies and FOI groupies. It was quite a show of force. 

SPJ placed a pointed, timely op ed in the Chronicle (“SF Supervisors block Sunshine Ordinance Task Force,” good of the Chron/Hearst to run it but better if the paper didn’t black out local sunshine issues.) Members of the posse peppered the gang with public record requests aimed at tracking skullduggery and they found it. Reps from the groups lobbied the supervisors by email, phone, and personal office visits. And the word that the Anti-Sunshine Gang was back and on the gallop shot through the neighborhoods and around town and into election campaigns and among constituents of the gang.

SPJ and its vigorous Freedom of Information Committee under co-chairs Journalist Thomas Peele, of Chauncey Bailey fame, and Attorney Geoff King  were particularly effective. Peele is an investigative reporter with the Bay Area Newspaper Group, a lecturer on public records at the UC-Berkeley Graduate School of Journalism, and author of a respected book on Chauncey Bailey, a black journalist murdered on his way to work.

The word got around that the supervisors were blocking strong pro-sunshine candidates for the task force and that their first three nominees were the weakest of the lot. Campos, a stellar sunshine advocate, was back at the committee meeting, making the right calls and shepherding the strong nominees along through the committee and the Board of Supervisors.  Great job.

The cumulative weight and force  of the presentations of the nominees and the sunshine advocates made the proper political point:  any supervisor who voted with the Anti-Sunshine Gang was going to face their constituents and voters with the brand of being anti-sunshine and anti- government accountability.  More: they would have to answer some embarrassing questions: Who lost Park Merced? Who voted to turbo charge evictions and middle class flight from the city for years to come? Who tried to cover up the outrage and who did it? And who led the retaliatory vendetta against the Sunshine Ordinance Task Force for doing the right thing on behalf of sunshine in San Francisco?

And so the Board of Supervisors was dragged kicking and screaming into the sunshine of June 2014 and beyond. The supervisors ended up nominating what looks to be one of the strongest pro-sunshine task forces: Attorney  Mark Rumold and journalist Ali Winston from SPJ, Allyson Washburn from the League of Women Voters, Attorney Lee Hepner, Journalist Josh Wolf, and holdover Chris Hyland. Plus Bruce Oka who looks to be a late holdover in the disabled seat. Congratulations for hanging in and winning, hurray for the power of sunshine, on guard,  B3

P.S. l: PG&E institutionalizes City Hall secrecy and corruption:  The pernicious influence of the Anti-Sunshine gang hung heavy over the rules committee.  Tang tried to force every candidate to take a pledge of allegiance to the city attorney. Tang is the kind of neighborhood supervisor (Sunset) who has a 100 per cent Chamber of Commerce voting record. Her city attorney pledge demand was laughable on its face, given the fact that the city attorney refuses to move on the PG&E/Raker Act scandal and thus has helped institutionalize secrecy and corruption in City Hall on a multi-million dollar scale for decades. Which is reason enough for the city to always maintain a strong, enduring Sunshine Ordinance Task Force, to help keep tabs on how PG&E keeps City Hall safe for PG&E and its allies. (See Guardian stories and editorials since 1969.)  

Tang and Yee continued the gang’s hammering on Bruce Wolfe, a worthy candidate for the disabled seat whose main sin was that he was one of the Honorable Eight who voted condemnation.  The gang knocked out Wolfe as a holdover candidate the first time around and they were at it again at the committee meeting. Oka says he wants to resign from the task force but only when the board finds a good replacement. Wolfe, who was an effective and knowledgeable sunshine task force member, is the obvious replacement but he is still on the purge list.  Stay tuned on this one. . 

There are three things that no one can do to the entire satisfaction of anyone else: make love, poke the fire, and run a newspaper. William Allen White, 1917, line atop the editorial page of the Durango Herald, Durango, Colorado. 

State regulators issue stern warning to rideshare companies

About a month ago, we wrote about how San Francisco International Airport Director John Martin was cracking down on rideshare drivers ferrying passengers to the airport.

In a formal letter, Martin enlisted the help of the California Public Utilities Commission to assist with enforcement actions against Uber, Lyft, and other so-called “transportation network providers,” whose drivers were found to be taking passengers to the airport despite a state decision requiring them to obtain permits from airport administrators to do so.

The permits haven’t yet been obtained because the TNCs took issue with SFO’s proposed pilot program, and subsequently refused to fill out the permit applications and send them in.

It appears CPUC President Michael Peevey took Martin’s plea for help seriously. In a letter dated June 10, Peevey called on TNCs to cease airport operations until they had secured permits from airport authorities. The letter warns that if the companies do not comply and are found to be in violation of the state’s decision governing TNCs, “the CPUC may revoke your permit to operate.”

Here’s the letter, which references operations in other California cities as well.

CPUC Letter to Logan Green of Lyft by Rebecca Bowe

Elderly assisted living facility residents face eviction

A San Francisco-based assisted living facility for the elderly is slated for eviction July 10, a jarring and unexpected turn of events for families who are concerned about their loved ones’ health and wellbeing. However, concerned families and the facility’s board of trustees are working in tandem with city officials to craft a solution, so a different outcome may still be in the works.

Just before Mother’s Day, residents received 60-day eviction notices announcing the pending closure of University Mound Ladies Home. Residents were told that the facility would be closing its doors due to insurmountable debt, and that they would have to vacate by July 10.

“The current residents had expected to spend the rest of their lives there, in peace,” said Sandra Parker, whose mother Alice Parker, 89, has been a resident there for nearly three years. “They do not want to move.”

Located in San Francisco’s Portola District, University Mound – which houses men as well as women – has been at its current location since 1884. As a charitable organization, its mission has always been to provide an affordable community-based assisted living option.

University Mound provides housing and care for 52 residents, with licensing to care for up to 72, including 60 who are unable to walk without assistance. Many are in their late 80s or early 90s, making an abrupt move a difficult and potentially dangerous prospect.

Bill Brinkman of Jigsaw Advisors, a crisis management consultant, was hired to assist the troubled elder care center. The Bay Guardian was unable to reach Brinkman to ask what had led to the dire financial straits, or what possible resolutions were being contemplated.

“They’re saying the debt is based on a broken business model. In 2006 or 2008 the community stepped in, and somehow kept it going,” explained Parker, noting that Brinkman and the board of trustees had told family members that the nonprofit’s debt amounted to $600,000. “I don’t think they did due diligence to keep them financially sound.”

Sup. David Campos, whose District 9 includes the facility, has initiated a process to try and work with the elder care facility to stave off the pending displacement and identify some solution to prevent immediate closure. However, as of June 11, Campos’ legislative aide Laura Lane informed us that despite attending meetings and approaching University Mound to find out what viable options might be available, the elder care center had yet to identify a workable solution.

Campos and affected family members also enlisted the help of Mayor Ed Lee to try and secure emergency funding for University Mound, with Parker noting that a figure of $300,000 had been floated in meetings as a requested amount. Christine Falvey, a spokesperson for Mayor Lee, did not return calls seeking details about that possibility.

Meanwhile, a property records search revealed that the University Mound entered into a deed of trust with three corporate shareholders on May 27, more than two weeks after the eviction notices were issued.

Under a deed of trust arrangement, a borrower transfers their interest in real property – in this case, the stately 1932 brick building that houses the elder care home at 350 University Street – to a neutral trustee, who holds the interest until a debt is repaid. It appears this was done in exchange for a loan of $1.7 million, provided by three lenders: Rubicon Mortgage Fund, a limited liability company based in Lafayette; Pacific BVL Corporation, a San Francisco-based corporation; and Daniel Weiss, named as trustee, whose company is described as The Weiss Company, Inc., a 401(K) Profit Sharing Plan.

If University Mound defaults on the loan, the the property could revert to the trustee. According to an automated report from the San Francisco Assessor / Recorder’s office, the building is valued at $2.1 million, not including the land, which is valued at $840,000.

It is unclear why University Mound, under Brinkman’s interim leadership, opted to take on more debt and enter into a deed of trust after sending out eviction notices to its residents and announcing the facility’s pending closure. This could be a strategy for paying off existing debt, or it could be a sign that the facility is trying to find a solution for staying in operation beyond July 10. If Brinkman responds with more information, we will update this post.

When we dialed a number listed online that corresponded to Weiss’ company, and to the address listed on the deed of trust, the person who answered the phone said he wasn’t Weiss, but that he did not believe Weiss had any involvement with such a deal. Pressed for more information, the person said, “I’m just here fixing a computer. I just picked up the phone.”

The University Mound Board of Trustees was scheduled to meet last night, June 12, and again on June 17. At this juncture, it seems there have been no updates as to whether the current residents will be granted an extension or if they will be forced to move by July 10.

“Because we have been kept in the dark as to the financial situation is at UMLH, and how the situation has developed, we do not have confidence that every avenue and creative solution has been explored and considered to keep UMHL open and not displace the current residents,”  said Parker.

If you even have time to make it to the movies between World Cup matches…

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…read on for our takes on the new flicks of the week. Pssst: lots of good stuff still to come at DocFest, too!

Alone Yet Not Alone Remember that Christian historical drama that was Oscar-nominated for Best Song but then got kicked out of the running because of the songwriter’s sketchy campaign tactics? No? Well, here ’tis. (1:43)

https://www.youtube.com/watch?v=INW6i6K1NmQ&feature=kp

Gore Vidal: The United States of Amnesia Nicholas Wrathall’s highly entertaining documentary pays tribute to one of the 20th century’s most brilliant, original, and cranky thinkers, with extensive input from the man himself before his death in 2012 at age 86. The emphasis here is less on Vidal’s life as a literary lion and often glittering celebrity social life than on his parallel career as a harsh scold of US social injustices and political corruption. (Needless to say, recent history only sharpened his tongue in that department, with George W. Bush dismissed as “a goddam fool,” and earlier statements such as “This is a country of the rich, for the rich and by the rich” seeming more apt than ever.) He’s a wellspring of wisdoms both blunt and witty, sometimes surprising, as in his hindsight doubts about the virtues of JFK (a personal friend) as a president. We get plenty of colorful archival clips in which he’s seen verbally jousting with such famous foes as William F. Buckley and Norman Mailer, invariablyreducing them to stammering fury while remaining exasperatingly unruffled. His “out” homosexuality and outré views on sexuality in general (at odds with an increasingly assimilationist gay community) kept him controversial even among many liberals, while conservatives were further irked by his rock-solid family connections to the ruling elite. In our era of scripted political rhetoric and pandering anti-intellectualism, it’s a joy merely to spend an hour and half in the company of someone so brilliantly articulate on seemingly any topic — but particularly on the perpetually self-mythologizing, money-worshipping state of our Union. (1:29) (Dennis Harvey)

How to Train Your Dragon 2 Sequel to the 2010 animated hit about Vikings and their dragon buddies, with voices by Jay Baruchel, Cate Blanchett, Gerard Butler, Djimon Honsou, America Ferrera, Kit Harington, Jonah Hill, and others. (1:42) 

Obvious Child We first encounter the protagonist of writer-director Gillian Robespierre’s funny, original film — a Brooklyn-dwelling twentysomething named Donna (Jenny Slate), who works at a lefty secondhand bookstore and makes regular (if unpaid) appearances at a local comedy night — onstage mining such underdiscussed topics as the effects of vaginal discharge on your garden-variety pair of underwear. This proves a natural segue to other hefty nuggets of embarrassment gold concerning her love life, to the dismay of boyfriend Ryan (Paul Briganti), auditing from the back of the club. He pretty much deserves it, however, for what he’s about to do, which is break up with her in a nasty, well-populated unisex bathroom, taking time to repeatedly glance at the texts coming through on his phone from Donna’s good friend, with whom he’s sleeping. So when Donna, mid-drowning of sorrows, meets a nice-looking fellow named Max (Jake Lacy) at the bar, his post-fraternity-presidency aesthetic seems unlikely to deter her from a one-night stand. The ensuing trashed make-out dance-off in Max’s apartment to the Paul Simon song of the title is both comic and adorable. The fractured recap of the evening’s condom-free horizontal events that occurs inside Donna’s brain three weeks later, as she hunkers down with her best friend, Nellie (Gaby Hoffmann), in the bookstore’s bathroom after peeing on a stick, is equally hilarious — and unwanted-pregnancy jokes aren’t that easy to pull off. Robespierre’s treatment of this extended windup and of Donna’s decision to have an abortion is a witty, warmhearted retort to 2007’s Knocked Up, a couple generations’ worth of Hollywood rom-com writers, and an entertainment industry that continues to perform its sweaty contortions of storytelling in the gutless cause of avoiding the A-word. (1:15) (Lynn Rapoport)

The Signal Sharing its title with a 2007 film — also a thriller about a mysterious transmission that wreaks havoc in the lives of its protagonists — this offbeat feature from co-writer and director William Eubank belies its creator’s deep affection for, and knowledge of, the sci-fi genre. Number one thing The Signal is not is predictable, but its twists feel organic even as the story takes one hairpin turn after another. MIT buddies Nic (Brenton Thwaites) and Jonah (Beau Knapp) are driving Nic’s girlfriend, Haley (Olivia Cooke), cross-country to California. Complicating the drama of the young couple’s imminent separation is Nic’s deteriorating physical condition (it’s never explained, but the former runner apparently has MS or some other neurological disease). The road trip turns dark when the trio (who also happen to be hackers) realize an Internet troll they’ve tangled with in the past is stalking them. After a brief detour into found-footage horror — fooled ya, Eubank seems to be saying; this ain’t that kind of movie at all! — the kids find themselves embroiled in ever-more-terrifying realities. To give away more would ruin the fun of being shocked for yourself, but think Twilight Zone meets Area 51 meets a certain futuristic trilogy starring Laurence Fishburne, who turns up here to play a very important role in Nic and company’s waking nightmare. (1:37) (Cheryl Eddy)

Supermensch: The Legend of Shep Gordon See “Puff Piece.” (1:24) 

https://www.youtube.com/watch?v=qm8UaNdq24c&feature=kp

22 Jump Street In this TV-inspired sequel, “Previously on 21 Jump Street…” is all the backstory we get. 22 wastes no time sending Officers Schmidt (Jonah Hill) and Jenko (Channing Tatum) back to school to solve another case. A few details have changed (they’re in college now, where the drug of choice is “Why Phy”), but the situation is self-consciously boilerplate, which lets the filmmakers cast (ironic) judgment on sequels — and imply the TV show was redundant. College proves hilarious, from the rundown of dorm room essentials to Schmidt’s walk of shame, and the touchstones are sharp and embarrassing. An extended fight between Schmidt and a girl (Jillian Bell, fabulous) twists gender issues and sexual assault into gloriously absurd politics. Best of all is a fairly understated joke in front of the Benjamin Hill School of Film Studies. I laughed as much at 22 as I did at 21, but 22 spends so much time calling out its number-two status that it almost becomes performance art. (1:45) (Sara Maria Vizcarrondo)