SFBG Blogs

Avalos: Should SFPD officers wear body mounted cameras?

Sasha Cuttler And Mary Magee
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Avalos: Should SFPD officers wear body mounted cameras?

The fatal shooting of Alejandro Nieto, a man who possessed a Taser that was mistaken for a firearm who was killed in Bernal Heights Park, produced a backlash of community anger toward the San Francisco Police Department. It was the first thing Sup. John Avalos mentioned when he called for a hearing on equipping officers with body-mounted video cameras at the April 8 Board of Supervisors meeting.

Avalos knew Nieto, and the incident struck close to home. He mentioned another recent incident of police violence at City College of San Francisco in which officers targeted student protesters; video footage from a bystander shows an officer releasing his nightstick, making a fist, and throwing a punch at someone already being restrained.

“These incidents show that there’s a great deal of work we need to do … to build trust between members of the community and the police department,” Avalos said. “These incidents involved people I knew and it almost makes me feel how widespread the problem can be.”

Police body-mounted cameras have been tried in New York, Los Angeles, New Orleans and other places as a way to shore up police accountability and provide a record of officer interactions with targeted suspects, Avalos said, and there is support for the technology both among law enforcement communities and civil liberties watchdog organizations.

“Many police support these cameras because they can help protect police officers against false accusations,” Avalos noted. “Watchdog groups support police body-mounted cameras because they can help reduce incidents of police misconduct. The [American Civil Liberties Union] supports the cameras because they allow the public to monitor the government, instead of the other way around.”

Avalos’ request called for a review of the feasibility of equipping police officers with body cams, taking concerns about cost and privacy into consideration, plus a cost-benefit analysis to show how the cost of the cameras would compare with potential savings from reductions in citizen complaints and use-of-force lawsuits.

SFPD spokesperson Sgt. Danielle Newman noted that the SFPD is already in contract negotiations for a pilot program that would equip 50 plainclothes sergeants with body-mounted cameras. The program would be funded through a federal grant, Newman said, and the department has not yet received the cameras or hashed out policies spelling out how long data would be stored, how often they would be used, or whether officers would be able to switch them on and off at will.

Newman said the pilot program grew out of allegations that undercover officers had stolen property and violated the civil rights of SRO residents during searches of their units, incidents that were initially brought to light by the San Francisco Public Defender and more recently became the subject of a federal indictment.

“When Chief Suhr took over, he was looking at ways to ensure that those things don’t happen again,” Newman explained. The department was under the leadership of former Police Chief George Gascon when the officers now facing charges were caught on film by SRO surveillance cameras.

Despite the planned pilot, Newman said Suhr was less certain about the idea of equipping 1,500 to 2,000 officers with body cameras, as Avalos’ request is geared toward.

“The concern with the chief is that with San Francisco, we haven’t been able to get crime cams put up,” she said, let alone having all officers record all police contact with the public. “That’s something that would need to be ironed out.”

Newman added that there were cost and logistical concerns associated with storage of bulk data generated by the cameras.

Rachel Lederman, an attorney with the National Lawyers Guild who represented Occupy protester Scott Olsen in a police misconduct case that left Olsen with lasting brain injuries and resulted in a $4.5 million settlement, said she was skeptical of body cams as a “quick fix” for police violence.

Oakland police officers are equipped with personal digital recording devices, she noted, but in the incident the left Olsen permanently injured, “there were 11 police officers with less-lethal weapons who were supposed to have PDRDs on – but didn’t.”

Lederman said that based on her experience, the footage that is captured on body cams is kept under lock and key by police, and remains hidden to all but doggedly persistent criminal attorneys. In practice, “journalists and affected people can’t get it without a lawyer,” she said, because police departments tend to withhold the footage with the excuse that it pertains to ongoing investigations.

In order to serve as an effective tool for holding law enforcement accountable, Lederman said, body-cam videos “have to be produced under the Public Records Act.”

Lederman added that the video quality tends to be low, officers can turn them on and off at will, and “they try to use them as evidence against people they are arresting.”

Still, a study in Rialto, California that was undertaken by a group of Cambridge University researchers determined that police use-of-force and complaints against police officers declined dramatically after officers were outfitted with the recording devices.

“The findings suggest more than a 50 percent reduction in the total number of incidents of use-of-force compared to control-conditions, and nearly ten times more citizens’ complaints in the 12-months prior to the experiment,” the authors concluded.

Lederman believes those findings are somewhat misleading, however. “Rialto has 66 police officers,” she pointed out. “It’s not really comparable to San Francisco or Oakland.”

Report details how brown and black communities are decimated, step by step

Erica Hanna
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Report details how brown and black communities are decimated, step by step

Gentrification is a word so oft-used in conversations about San Francisco that it’s easy to forget what it means.

A report released yesterday by the advocacy group Causa Justa/Just Cause titled “Development Without Displacement” breaks down gentrification into a set of digestible, understandable policy decisions, while identifying which communities even now are still at risk of displacement.

“This report shows that there are many reasonable policies at the local and regional levels that can help hold back the tide of gentrification and modify the worst effects of urban transformation,” said one of its authors, UC Berkeley Geography Professor Richard Walker, in a statement on its site.

The report provides many solutions, but is largely a 100-plus page tale of 20 years of the destruction of brown and black communities in San Francisco, beginning in 1990, and the ripple effects of that displacement on the people of Oakland.

The “Stage of Gentrification” map in particular details San Francisco and Oakland Neighborhoods as being in early, middle, late and ongoing stages of gentrification. Each of these classifications is determined by the population — are they susceptible to displacement? — as well as the housing market prices in the neighborhood. Not surprisingly, the Mission and the panhandle are labeled as ongoing gentrification zones, with the southern neighborhoods of San Francisco are labeled as in early stages of gentrification marked by a rise in property value.

Robbie Clark, 33, the housing rights campaign lead organizer at Causa Justa, said the map details the challenges facing the Latino and African American communities today, a challenge she’s also facing herself.

“For me, I’m born and raised in Oakland, and it’s been a challenge as an adult to find stable affordable housing,” she told the Guardian. She has a huge family that used to live in Oakland right near one another. The displacement broke them up. “Everyone is spread out throughout the greater Bay Area and beyond. It used to be very normal for every weekend to have family dinners, and now that happens much less.”

In recent years she’s moved seven times as rents in both cities skyrocketed, and she was even in the process of moving again while we interviewed her. The need for the report, she said, was stark.

The findings put specific numbers to a story of loss we all know well. Between 1990 and 2011, over 1,400 Latinos left the Mission district. In the same time, white households increased by 2,900 in the Mission. In the same period, Oakland’s black population declined from 43 percent of the city to 26 percent. Many in San Francisco argue that increased affluence helps beautify neighborhoods and makes them safer, but that misses the point: the neighborhoods may be safer for newcomers, but the old residents get kicked out in the process.

The report states that outright: “While gentrification may bring much-needed investment to urban neighborhoods,” it states, “displacement prevents these changes from benefitting residents who may need them the most.”

Causa Justa Just Cause displacement report EXECUTIVE SUMMARY by FitztheReporter

A summary version of the 110 page report.

And the responsibility of these injustices should be laid squarely at the feet of neoliberal policies, the report states, including reduced public funding, privatization of public programs, relying too much on the private sector to drive economic growth, and a political system susceptible to hugely influential private corporations. 

But ultimately, Causa Justa concludes, there is still hope.

“Gentrification can be stopped!” the report states. To right the wrongs done to communities, “We also recommend policies that regulate government, landlord and developer activity to promote equitable investment, affordability and stability, and maximum benefits for existing residents.” 

Causa Justa, Just Cause, is selling the report for $25, but also includes a form for those who cannot afford it to apply for a free copy.

A high resolution version of the “Stage of Gentrification” map: 

map1

 

 

Leno’s Ellis Act reform bill clears first legislative hurdle

Sasha Cuttler
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Leno’s Ellis Act reform bill clears first legislative hurdle

Sen. Mark Leno’s Senate Bill 1439 — which would protect rent-controlled housing in San Francisco by amending the Ellis Act, including making property owners wait at least five years after buying a property to evict tenants under the act — cleared its first legislative hurdle today.

The Senate Transportation and Housing Committee passed the measure on a 6-4 vote, and it heads to the Senate Judiciary Committee next. The bill has strong support in San Francisco, from progressive constituencies through Mayor Ed Lee to support by leaders in the business community and tech world.

Yet the measure faces a tough road in Sacramento, where the landlord lobby and other conservative interests oppose it. “A bill that could strip San Francisco landlords of their freedom to leave the rental housing business heads to a key Senate committee next month,” the California Apartment Association wrote last month in an alert to its members.

But as Tenants Together demonstrated in a recent study of how the Ellis Act has been used in San Francisco since its passage in 1985, a legislative reaction to a California Supreme Court case upholding rent control laws, the legislation has larger been a tool used by real estate speculators to clear rent-controlled buildings of tenants. The study found that 51 percent of Ellis Act evictions took place within a year of the property being purchased, 68 percent within the first five years, and 30 percent of Ellis Act evictions were from serial evictors, often by businesses specializing in flipping properties for profit.

“California’s Ellis Act was specifically designed to allow legitimate landlords a way out of the rental business, but in San Francisco this state law is being abused by speculators who never intend to be landlords,” Leno said today in a prepared statement. “As a result, longtime tenants, many of them seniors, disabled people, and low-income families, are being uprooted from their homes and communities. The five-year holding period in my bill would prevent these devastating evictions from forever changing the face of our diverse city.” 

Kanye and the Heartbreakers? The Outside Lands lineup is here

Steven T. Jones
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Well that’s…an interesting bunch. Another Planet Entertainment just announced the lineup for Outside Lands, set for Aug. 8 through 10 this year in Golden Gate Park (as per usual). The heavy-hitters include Kanye West, Tom Petty & the Heartbreakers, the Killers, Macklemore and Ryan Lewis, Arctic Monkeys, Death Cab for Cutie, Flaming Lips, Ray Lamontagne, and Atmosphere, with local faves Nicki Bluhm and the Gramblers, Tumbleweed Wanderers and Trails and Ways as supporting acts. The full lineup’s here — but why just read it when you can have Huey Lewis tell you all about it?

Tickets go on sale this Thursday, April 10 at 10am. See ya there?

tUnE-yArDs Tuesday

Steven T. Jones
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tUnE-yArDs Tuesday

Oh, Merrill Garbus. Remember the days when the endearingly weird, weirdly endearing, predictably unpredictable tUnE-yArDs felt like an open Oakland secret, an East Bay girl (by way of the East Coast) who slowly but surely started to outgrow us?

Well, it’s official, she has — but in a good way. If the first couple singles off Nikki Nack are any indication, the album (out May 6 on 4AD) will be more slick, more produced, and just a little less all-over-the-place than her previous two records, 2009’s lo-fi debut Bird Brains and the album that launched her onto the national stage, 2011’s excellent Whokill.

But that’s not to say the new direction sounds boring — far from it. With dancefloor-ready synths front and center and a Janet Jackson-like callback, “Wait For A Minute,” which 4AD released today, sounds like Garbus has been listening to some ’90s R&B, which is (duh) always a choice we endorse. Give it a listen below .

She also just announced tour dates — catch her at the Fillmore June 6 with the Durham, NC-based Sylvan Esso.

Immigration reform protest snarls downtown SF, 23 arrested

Sasha Cuttler
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Immigration reform protest snarls downtown SF, 23 arrested

Today [Fri/4] at 11am, the SF Bay Coalition for Immigrant Justice held a protest and rally to urge President Obama to halt all deportations and keep his promise of comprehensive immigration reform.The protest included a group of 23 people, some of which are undocumented immigrants, which took part in a peaceful act of civil disobedience.

All 23 protesters — 15 women and eight men — were arrested; cited for failure to diperse, failure to obey a traffic officer, and blocking an intersection; and booked at the police substation in the Tenderloin before being release, according to the San Francisco Police Department.

More than 30 SFPD officers flanked the march after activists, clergy, and community organizers gathered at One Post St. and made the short but spirited walk to 120 Montgomery St., a building that houses the San Francisco Immigration Court.

Video of two of the arrests. 

Rev. Debra Lee, a United Church of Christ pastor working with Interfaith Coalition for Immigrant Rights, said, “We are here… because everyday we see people in our congregations who come to us because their family has been thrown into crisis by the federal government.”

Other clergy members who were arrested include Rev. Richard Smith of St. John Evangelist Episcopal Church, and Rabbi Mike Rothbaum, of Bend the Arc: A Jewish Partnership for Justice. “We work with with people of other faiths because part of the power of the coalition [is that] although we have different faiths, we come together around a common belief  that the migrant should be treated with dignity.” Lee told the Guardian.

march

The protesters march downtown. Photo by Joe Fitzgerald Rodriguez.

Rothbaum delivered a powerful address standing atop a parked pickup truck. Rothbaum held up a black-and-white photo of members of his family being sworn in as US citizens. In the image was his aunt, a Polish Jew.  “I would like to remind President Obama that his father was a wandering man from Kenya,” he said. “That my aunt and his father are no different from the people being held in this building.”

All three clergy members were arrested for taking part in the act of civil disobedience. Others arrested include Akiko Aspillaga, a native born Filipina who came to the US at the age of 10 with a visa. But because of a mix of complications with the employment of her mother and misinformation, Aspillaga and her parents lost their visas. Nevertheless, Aspillaga is now a graduate student at San Francisco State University’s school of nursing. However, because she is undocumented, she cannot receive federal grants or loans and depends on scholarships, and her mother to pay for tuition.

Another was Reyna Maldonado, a City College of San Francisco student born in Mexico. “We are here to demand President Obama to stop deportations. There has already been 2 million deportations.” Maldonado had a picture of Alex Aldana, who is currently being held in a San Diego ICE detention center: “He is one of the people we are fighting for [in addition] to stopping separations of families.”

Even if both women are undocumented, face arrest, and a risk of being turned over to US immigration authorities, they felt the risks were worth it. “I feel like the moral imperative right now, with families being torn apart and all the pain our community… Everything is worth it,” Akiko told the Guardian, “There is a possibility of me being deported but we’re standing up for something we believe in.”

After all the speakers addressed the crowd of about 300 people, the group of 23 sat in a tight circle on a banner that read, “Deporter in Chief.” And parodied President Obama’s “Hope” campaign poster with a pair of handcuffed hands replacing the president’s picture.

Once the group of 23 blocked traffic on the intersection of Sutter and Montgomery, SFPD officers began moving people off the street and onto the sidewalks. Then, one by one, each member of the group had their hands zip-tied behind their back and loaded into one of three SFPD vans.

This protest was part of a national day of action in favor of immigration, and it precedes an even bigger mobilization tomorrow in San Jose. 

 

Photo Gallery

deporter

hands

signs1

wagon

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A Canola oil fire, maybe?

Steven T. Jones
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jeff tweedy

Dear every single white, middle-class, 20-something alt-folk musician in SF:
Did you happen to catch Wilco’s Jeff Tweedy on Portlandia last night? No?

Love you!

 

Yee and others indicted by federal grand jury, reinforcing criminal complaint

Sasha Cuttler
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5
Yee and others indicted by federal grand jury, reinforcing criminal complaint

A federal grand jury has indicted Sen. Leland Yee and 28 others on charges similar to those issued in the bombshell criminal complaint by the FBI last week, the Sacramento Bee is reporting. The indictment named three additional defendants who weren’t in the original complaint: Barry Blackwell House (aka Barry Black), Zhanghao Wu, and Ton Zao Zhang.

Yee, political consultant Keith Jackson, Raymond “Shrimp Boy” Chow, and the rest of the gang face most of the same charges that they do in the complaint, with the Bee reporting that Yee faces a sentence of 125 years in prison and $1.75 million in fines.

US Attorney Melinda Haag issued a statement casting the indictment as strengthening the case against the defendants, but when the Guardian called with questions about why authorities chose to go with a criminal complaint followed by an indictment, an unusual move, a spokesperson told us, “Our office will not be making any comments on this case.”

For details on the case and a timeline of how it unfolded, read our story in this week’s Guardian.  

Q&A: Punk veteran Jonny “Two Bags” Wickersham

Steven T. Jones
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Q&A: Punk veteran Jonny “Two Bags” Wickersham

After more than 20 years of playing an important role in the formation and evolution of a variety of bands including the Cadillac Tramps, Youth Brigade, U.S. Bombs and Social Distortion, Jonny “Two Bags” Wickersham is finally stepping into the spotlight on his own with his first solo record, the excellent Salvation Town, (Isotone Records/Thirty Tigers) which hit stores earlier this week.

Steeped in a tasty mix of roots rock and Americana, the collection of 10 original songs has been a long time coming, due to a variety of reasons, according to Wickersham, who plays San Francisco tonight and tomorrow [Thu/3 and Fri/4], opening for Chuck Ragan at Slim’s and the Great American Music Hall.

“I worked on it really sporadically over the past couple of years — Social D was very busy after we put out Hard Times and Nursery Rhymes, and we were constantly on the road for two and a half years. On breaks in between tour runs I’d go in the studio and work on it a little bit. It’s actually been finished for over a year, aside from the artwork, and this is a pretty good time to put it out because Social D has been on a break for while,” says Wickersham over the phone from his home in Los Angeles.

Although he grew up in the outhern California punk scene, and has played with some of the luminaries of the genre, Wickersham says there has always been a thread of other, older influences running through his music.

“As far as the influences I had growing up over the years, most of it comes from two places, the first being the music I heard growing up at home; my father was a musician, and he basically raised me by playing in bar bands, so the music that I heard spanned rock n’ roll, funk and country.”

“When I got into punk rock, which was around 1980, at the same time I was discovering Stiff Little Fingers, The Clash, and then California bands like Black Flag and The Adolescents, I was discovering The Blasters and X — that part of the L.A. punk scene was sort of rockabilly, and the Americana part of that scene. To me, that was part of punk rock, it wasn’t separate,” says Wickersham.

“I’m not a purist — there are a lot of people who are rockabilly purists or they’re country music purists, I’ve never been a purist about any type of music that I like, I stumble across what I stumble across, and I have sounds I like.”

https://www.youtube.com/watch?v=jLXahFkB0lY

Much of the record is built around Wickersham’s acoustic guitar, with a wide variety of friends and guests adding their talents to different songs, including Jackson Browne, Pete Thomas (longtime drummer for Elvis Costello), singer Gaby Moreno, and his Social Distortion band mates Brent Harding, Danny McGough and David Hidalgo, Jr.
 
“I didn’t initially want to go ‘solo,’ and be the ‘solo artist’ guy, coming from my background, for some reason that was so uncomfortable. The intention was to start a band that I can be the songwriter of as a vehicle to do my stuff, the way I want,” says Wickersham.

“There were just so many players that ended being involved, though, so I thought, well this isn’t a band, this really is a solo record, with a bunch of guest artists.”

The extra touches brought by his friends, such as shared vocals, accordion, and guitar solos all add to the great overall sound of the album, but the real strength of the record is the solid foundation of the songs themselves, all written solely by Wickersham with the exception of just a couple.

With catchy hooks and strongly emotive melodies paired with frank lyrics about his hard-lived past such as “I’ve got one foot in the gutter, and one foot kickin’ in the door to heaven,” the collection of songs was written over the course of many years.

Wickersham says getting to this point as a songsmith has taken a lot of hard work — but he’s had a lot of inspiration along the way as well.

“I was just learning how to write songs in the early days of the Cadillac Tramps, and Brian Coakely, who played guitar along with me in that band, is a great songwriter, he’s always been really prolific, and he works really hard at it. He really was the first person that I had ever met in my life that took the craft of songwriting as seriously as he did. When you’re coming up in punk bands—everybody wrote their own songs and stuff—but it wasn’t viewed as ‘I’m a songwriter,’ you know what I mean?” Wickersham laughs.

“Then I played with Youth Brigade, and did a record with them, one that I’m very proud to be part of, but again, Shawn [Stern] wrote the bulk of that stuff, as he should, it’s Youth Brigade—it’s Shawn, Mark and Adam’s band.”

Wickersham also played with Duane Peters and U.S. Bombs for a while before joining Social Distortion in 2000 after the death of his friend Dennis Danell, and has since co-written several songs with front man Mike Ness.

“When I started playing with Social D, and for Mike [Ness] to ask me to be part of the songwriting was just an amazing honor; he hadn’t written with anybody in the band aside from some stuff he did with John Mauer in the early 90s and the very, very early stuff that he and Dennis wrote together,” says Wickersham.

“With each one of those I learned a little bit more about songwriting and what it was I wanted to do as a songwriter. So it’s been a long time coming — I guess I’m just kind of a slow learner!”

Although he took everything that he learned from writing in all the bands he’s played with over the years, Wickersham wanted to make sure that he set himself apart from them at the same time.

“I didn’t want it to sound like any other band I have been in, but with me singing, that was a really intentional thing. One of the things about this record that was kind of freaking me out a little bit while we were making it was that it just didn’t seem natural to make it have a lot of big guitar on it, it just wasn’t working. I kept trying to get that guitar foundation, that bedrock that I’m so used to doing. So most of the songs ended up having an acoustic rhythm, and a different style of electric rhythm.”

Wickersham says that when he was still planning on having the project turn into an actual band, he spent a lot of time trying to come up with a name for the group—a task that he says was much more daunting that he thought it would be.

“Everything cool that I could come up with had been taken. No one will ever get to find a cool band name like The Pretenders or The Jam again, some simple, one-word bitchin’ thing. Now I understand why so many of these young kids are forming bands with names that are like a paragraph long,” Wickersham laughs.

Eventually the name that came to him was Salvation Town, which was the name of a song by his friend’s band Joyride, a title that Wickersham says spoke to him about growing up in Southern California, the punk scene, skateboarding and more.

The “Two Bags” moniker has stuck with him for many years, and Wickersham says there were several reasons that the nickname was given to him back in the old days.

“I was very young when they gave me that nickname, it’s almost like a lifetime ago. It’s kind of a threefold thing; it’s a take on the old Slickers tune ‘Johnny Too Bad,’ and then had to do with drugs, and back then, so many of us kids in that world ended up living out on the street.”

Wickersham has come a long way since his turbulent youth, and Salvation Town appears to be the start of a fruitful path for the 45 year-old guitar slinger, who is most pleased with the results.

“I’m super proud, I couldn’t be happier with the way it turned out.”
 
https://www.youtube.com/watch?v=WBGDkD0uQi8

Jonny “Two Bags” Wickersham
Opening for Chuck Ragan & The Camaraderie and The White Buffalo
 
Thursday, April 3
8pm, $21-$23
Slim’s
333 11th St, SF
(415) 522-0333
 
Friday, April 4
8pm, $21-$23
Great American Music Hall
859 O’Farrell, SF
(415) 885-0750
 
www.slimspresents.com
 

 

Covered San Francisco plan would bridge gaps between Healthy San Francisco and Obamacare

Sasha Cuttler And Mary Magee
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10
Covered San Francisco plan would bridge gaps between Healthy San Francisco and Obamacare

The whole point of Healthy San Francisco, the city’s universal healthcare program, is to help people who can’t afford health insurance get medical care when they need it. Despite the intentions of expanding access to healthcare under the Affordable Care Act, that goal won’t necessarily be realized now that federal reform is underway.

Lately, we’ve gotten reports of San Franciscans hoping to enroll in Covered California, the state-run health insurance marketplace created under the ACA, leaving meetings with enrollment counselors in tears of frustration. Even though these would-be enrollees are technically eligible for Covered California – which makes them ineligible to stay in Healthy San Francisco – the insurance cost is nevertheless too high to be a realistic option.

“The most authoritative study says 40 percent of San Franciscans who are eligible for Covered California still will not be able to afford it,” Sup. David Campos noted in a recent phone interview. At the tail end of a long Board of Supervisors meeting on Tuesday, Campos introduced legislation that would create “Covered San Francisco,” a health care option designed to remedy this coverage gap. “In high cost-of-living cities like SF, many will simply not be able to afford it,” Campos said when he introduced the legislation.

The legislation is co-sponsored by Sups. John Avalos, Eric Mar, and Jane Kim. Drafted along with a team that included experts in healthcare and representatives from the city’s Department of Public Health and City Attorney’s Office, the proposal essentially does three things.

First, it seeks to close a loophole that incentivizes employers to comply with the city’s health care law in a way that makes it harder for employees to access medical care.

Under the Health Care Security Ordinance, the law that created Healthy San Francisco, employers must contribute toward their workers’ healthcare costs based on hours worked. In the past, they could comply by setting up standalone accounts, called healthcare reimbursement accounts (HRAs). If employees never tapped those accounts for healthcare needs, the businesses could take back the money they put in.

Under Obamacare, those standalone HRAs are now illegal. But some employers have discovered that they can still set up a different kind of HRA, called an “excepted benefits HRA,” which can only be used toward ancillary care like vision or dental needs.

For employees who are sick and need some kind of medical coverage, these “excepted benefit HRAs” can result in a bind, because under the new federal law, workers are expressly prohibited from using them to obtain insurance through Covered California. And, if employees don’t spend what’s in these accounts, employers can still take the money back – making this option very attractive to employers looking to reduce spending.

Therefore, Campos’ legislation seeks to make all spending to satisfy the local health care law irrevocable, meaning the employers cannot take it back.

“While individuals will face a federal mandate for the first time to purchase health insurance, they will not be able to use these accounts in these excepted benefit HRAs to actually meet that mandate,” Campos pointed out, saying the legislation seeks to do away with “this perverse incentive” for employers to set up HRAs instead of going with an option that would aid employees in seeing a doctor when needed.

This change would leave employers with the choice of keeping ever-expanding HRAs on their books – which is a liability – or looking for a different way to comply with the city’s healthcare law. Other options include providing insurance for their employees, or paying into a locally administered health-care program known as the “city option.”

Many employers already use this city option, and Campos’ proposal would change how it works. First, workers would sit down with city health officials for a consultation. From there, if workers were eligible for Covered California, they’d be enrolled, and they would get additional subsidies to make it more affordable. This system would be known as Covered San Francisco.

Workers not eligible for Covered California, such as undocumented residents, would be enrolled into Healthy San Francisco. And healthcare accounts would be set up for those who didn’t fall into one of the other two categories.

The third thing the law would do is require the city’s health department to extend Healthy San Francisco coverage to include anyone not already covered by the ACA, either due to economic hardship or because they lack an affordable health insurance option.

Already, the newly introduced legislation has some detractors in the Golden Gate Restaurant Association, a business entity that sued the city several years ago to challenge employer requirements under Health Care Security Ordinance.

Gwyneth Borden, executive director of the Golden Gate Restaurant Association — which brought and unsuccessful legal challenge to HCSO when the city adopted it — said her group takes issue with the idea of making HRA spending irrevocable. “The irrevocability does limit the choices – the city is trying to force the hand of the employer, to choose the city option,” she said. “The city’s making it more restrictive.”

She also said the GGRA was concerned about transparency. “What they’re saying is that … that entire cost wouldn’t have to sit in an account for an employee; it would fund the system,” in the event that an employer selected the city option, Borden said. “If they’re arguing that the employer has to spend every cent of the dollar on health care for the employee, then the city should have to do that as well.”

But Borden said GGRA had litigated on this issue before, and therefore would not be able to bring their opposition to the courts again. Borden also added that GGRA wanted to make one thing clear: “We applaud Sup. Campos’ efforts to broaden the city option,” she said, “and get more people health care.”

True House: Where to celebrate Frankie Knuckles’ legacy this weekend

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True House: Where to celebrate Frankie Knuckles’ legacy this weekend

I have so much to say about how much influence house originator Frankie Knuckles had on the SF scene (and basically the entirety of my life) — but I’m still so much affected and in shock at his passing, that I think the best way to work it all out is, as usual, hitting the dancefloor. Let’s come together this weekend and celebrate the Godfather’s warm and joyous gift of music.

I’m figuring the spirits will be coming down at every party happening this week, but these are my personal recommendations:

THURSDAY

Tubesteak Connection: Disco purist DJ Bus Station John is expert at revealing house’s underground gay roots at his weekly party in the glorious depths of the Tenderloin.

 

FRIDAY

Taboo: Frankie’s #1 SF connection is our own incredible David Harness, the one person here who most embodies Frankie’s sound and spirit. He and Frankie played together innumerable times. This Oakland party, which Harness has put on for more than a 15 years now, will be a reunion and a true tribute.

House Dance Conference: Three days of insanely talented house dancers hosting open sessions, lessons, and positive interaction — all culminating in a huge party, of course. Bring your sneakers.

Throwback: This huge and perfect monthly tribute to ’90s house music at Mighty is coming at the right time to indulge in Frankie’s signature sounds. With DJs Galen, Jacob Sperber, Renoir, Jayvi Velasco, and Miguel Solari.

SATURDAY

Blessed 5-Year Anniversary: One of the best soulful house parties on the planet, this incredibly diverse and moving Oakland jam rings in a fiver with David Harness, Discaya, and Rafi Acevedo.

GO BANG!: Our own legendary Steve Fabus was spinning at the Trocadero Transfer as Frankie was coming up in Chicago and New York. This is the monthly, fabulous disco explosion he puts on with DJ Sergio, this time featuring the really, really good Apt One and Emily Coalson.    

 

SUNDAY

Sunset season opener: This enormous old school house family reunion picnic in Stafford Lake Park from the Sunset crew will overflow with hugs, tears, smiles.

 

Locals Only: Teenager

Steven T. Jones
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If the music industry gave out awards for patience or persistence, Bevan Herbekian would have a healthy handful of trophies to his name. The multi-instrumentalist has lent his songwriting and frontman skills to everything from loose punk bands to a highly orchestrated indie pop quartet over the course of the past decade and a half, in addition to playing bass on other people’s songs — at the moment, he’s part of fellow Berkeleyite M. Lockwood Porter‘s band — so he’s no stranger to the realities of trying to “make it” as a musician. But Teenager, the moniker under which Herbekian has decided to release his first truly solo album, represents something new for the songwriter: A chance to blend every genre he’s ever loved, to talk about his travels to New York and subsequent, requisite disllusionment with it, a musical space where he doesn’t have to bend to anyone else’s desires.

The resulting joy is contagious — The Magic of True Love, which comes out April 29, is full of unabashedly earnest, tightly crafted pop songs with seriously big instrumentation. There are head-bobbers, there’s high-flying falsetto, there are shout-along soul choruses. His voice carries the energy of someone very young, but these aren’t songs written by a newbie. Herbekian decided to realease one new song off the album each week leading up to the release, which means you can listen to quite a bit of it online. To be real, though, you should probably buy it. It’s catchy as shit, and the guy’s been at it long enough.

We caught up with him this week to hear about songwriting influences, going solo, and exactly how much time he spent listening to Nevermind.

San Francisco Bay Guardian Your bio says you’re from a small Northern California town. Where, exactly?

Bevan Herbekian I was born in Bennett Valley and raised there until I was 13. It’s that small stretch of countryside/small town between Petaluma & Santa Rosa proper that hides behind the hills off the 101. When I was in junior high, my family moved to Avila Beach, which is a tiny beach town on the central coast. It’s got two streets and a population of a few hundred. It made Bennett Valley look like a real urban center.

SFBG When and how did you first start playing music? What instrument was the first? How many do you play now?

BH I started playing music when I was about 12. My dad taught me the riff to Nirvana’s “Come As You Are” and I urgently learned the rest of the album on an acoustic guitar. It was one of those aha! moments for me. I was totally hooked and immediately wanted to start a punk band, but everyone I knew played guitar, so I hopped over to bass. Since then I’ve taken to the other rock ‘n’ roll instruments — piano, organ/keyboards, simple synth stuff, various percussion — I humor myself on drums and basically anything else I can get my hands on.

SFBG What’s the first record you really remember loving?

BH Unquestionably, Nirvana’s Nevermind. Around the same time I picked up the guitar, I borrowed a cassette of Guns & Roses’ Use Your Illusion from a friend’s ‘cool’ older brother — he was in high school so he was automatically cool. My dad caught me walking through the front door with it and said something along the lines of ‘you don’t want to listen to that garbage’ and took the tape, but not in the normal parents-are-a-drag sort of way. An hour later he gave it back to me having recorded Nevermind over it. I remember sitting on the floor of my room hearing those drums kick in and thinking what is this?! It was so loud and aggressive and passionate and vulnerable and somehow just as catchy as the early Beatles stuff that I loved as a little kid. Overnight, I became obsessed. I couldn’t stop listening to it. I literally listened to it every day before school for a year.

SFBG Can you name some of the bands you’ve been in before? The last time the Bay Guardian checked in with you, you were in The 21st Century.

BH Yeah, I’ve spent much of the last 15 years playing in bands. Prior to Teenager I was leading The 21st Century which was this highly orchestrated Indie-Pop/Rock octet with horns and harmonies and big songs in general. Before that I was working on solo stuff similar to what I’m doing now and playing in a fun experimental art-rock(?) band called The Tea Set and of a band/friendship club called World’s Best Dad. Right now, I’m also playing bass in M. Lockwood Porter which is a really sweet Americana/rock ‘n’ roll band led by fellow 21st Centurier Max Porter.

SFBG How was making an album on your own different from with a group? What made it feel like time to do that? It’s interesting, because so many people, when they decide to “go solo,” put out a really stark and stripped-down album, but this record sounds really BIG on all levels, in the best possible dramatic power-pop sense….got some ’70s arena-rock guitar riffs, soul jams with big backup vocals, some choruses that sound like younger (less cheesy) Billy Joel stuff.

BH Ha, that’s funny and pretty true! Yeah, this album came on the heels of being in a band with a lot of people. As is the case whenever working with a large group, there are many competing ideas and opinions. This can be a tremendous strength, but the songs that became this record were incredibly personal and I just found myself wanting to work on them in a solitary way. I had a strong sense of where I wanted to take them — kind of a ‘more is more’ philosophy — and when you have that sort of clarity, it’s best to do it yourself. It’s true, many of these songs are BIG and that’s been something I’ve been chasing for a few years. These songs grew out of some very big feelings so it seemed like the right way to bring them to life. There’s love and loss and desire and deep disappointment running through them so I wanted them to sound as large as it all felt.

SFBG On that note — how would you describe your genre on this album? Who would you point to as your biggest influences?

BH I love so much music and I like trying my hand at a lot of different types, so there’s a handful of genres represented here. I see this album almost like a mixtape of my life. There’s nods to many of my musical loves. There’s some rock ‘n’ roll, ’60s soul, indie pop, folk, and ’90s alternative (do people still say that?). In terms of musical influences, I gravitate towards songwriting. I love the melodies and arrangements of Brian Wilson and Motown. The literary and lyrical precision of Leonard Cohen and Belle & Sebastian blow my mind. Bands like The Pixies, Big Star, Harry Nilsson, and Beck — they’re all staples too…and like many of us, I was indoctrinated at an early age into the ultimate Beatles fan club by my dad so that’s a part of my musical DNA too.

SFBG Where does the moniker Teenager come from?

BH With The 21st Century, I was unapologetically ambitious. Even the band name was a kind of over-the-top statement of bravado and staking claim on something bold and large. Coming out of that, I veered the opposite direction. I thought, what’s one of the more misunderstood, under-appreciated, and generally dismissed groups around? And I arrived at Teenager. I think it was also a chance to acknowledge how long I’ve been writing and recording music at home. In a lot of ways, I’ve been doing the same thing for about 16 years so I thought in a way, my time as a musician and songwriter is dead center in those teenager years. Given the pair of meanings, it somehow felt strangely appropriate.

SFBG Plans for the next year? 

BH Well, I’ve been putting together a new lineup to play these songs out. I’m quite excited about that. I’m eager to tour come early Fall. Also, because this album was such a labor of love and took such a long time, I’m sitting on a lot of backlogged material. My hope is to get into the studio and cut it all by the end of the year and then whittle it down — maybe to a double album. I’ve never made one and have always been a bit against them in principle — I like editing – -but I think it might be time to give it a try.

SFBG Where do you live in the Bay Area? How does being from Northern California/living here influence your music?

BH I lived in San Francisco for a few years and had a stint in Oakland, and now I’m living in Berkeley. Honestly, I’m not sure how Northern California plays a part in my music. To me, it’s home and sometimes it’s hard to see your home for what it really is. But I love the city and the redwoods and the ocean and the mountains. Being surrounded by all that beauty can really instigate some large dreams and make you feel like the world is an astounding place.

SFBG Bay Area meal/restaurant/food item you couldn’t, hypothetically, live without?

BH Without hesitation, La Taqueria followed by banana cream pie and a cup of coffee from Mission Pie. I’ve dubbed it the ‘double threat’ and there are times when I do it twice a week. No joke, I did it today.

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Is Kink breaking up with SF?

Erica Hanna
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Is Kink breaking up with SF?

Tales of local porn-purveyor Kink.com’s demise were reported early yesterday by Uptown Almanac, whose story, “Freak Flag May Not Fly Forever Over Kink’s Castle,” sounded the alarm. 

“It seems to have become not a question of if, but when there will be no more porn in our beloved Porn Castle,” reporter Jackson West wrote. To the uninitiated, the Porn Castle to which West is referring is known as The Armory, a brick fortress with histroic designation on 14th Street and Mission where the ever-adventurous pornographers at Kink.com film their wonderful smut (a term we use as endearingly as possible).

The planning department document West posted posted to his article show Peter Acworth, founder and CEO of Kink.com, requested the city to convert the basement, “drill court,” second, and third floors of The Armory into office space. The document also shows a need for an environmental review before conversion. (Side note: Gee, wouldn’t you love to be the city worker who had to inspect The Armory? “Hell of a day at work today honey, I was so tied up. Well technically, this guy wearing clothespins was tied up.”) The planning department told the Bay Guardian we could inspect the documents for ourselves tomorrow, but were unable to supply them for viewing today.

So, is it true? Is Kink.com fleeing our quickly gentrifying city?

Not to ball-and-gag West’s reporting, but we went straight to Kink.com owner Peter Acworth, who told us Uptown Almanac’s article is “half-correct.”

Firstly, the conversion of the first floor drill court into office space was a long time in planning, multiple sources (including Acworth) confirmed for us. Kink.com intends to use the space for its community center, as well as to rent to outside vendors.

But Acworth did admit that conversion of the rest of The Armory into office space was a preliminary move to vacate The Armory — but that it’s a last-ditch move he hopes he won’t need to make.

kinkac

Peter Acworth and Princess Donna. Photo by Pat Mazzera.

“I would still think of Kink.com production moving out as a question of ‘if’ as opposed to ‘when,’” he wrote to us in an email. “This move represents an insurance policy.  If the various regulations that are being considered currently in Sacramento and by Cal-OSHA become law, we will likely have to move production out of California to Nevada.”

The regulations he’s referring to are a statewide version of the recent Los Angeles condom law, AB 1576, Introduced by Assemblymember Isadore Hall, III, (D- Los Angeles), as well as new Occupational Safety and Health Administration standards legally requiring porn actors wear protective goggles to protect their eyes from STDs that may be present in ejaculate.

Kink.com was fined $78,000 by CAL/OSHA earlier this year for workplace hazard violations, according to a report by SF Weekly. Kate Conger writes, “The majority of the fines were for allowing performers to work without using condoms, while a $3,710 portion of the total fine was for additional violations, including improperly placed power cords, an absence of first aid supplies, and missing health safety training materials.”

The AIDS Healthcare Foundation also told SF Weekly they filed violations because, they alleged, two actors contracted HIV in connection with their performances in Kink.com shoots. At the time, Kink.com spokespeople denied the claims had merit.

[Update 8:20pm: Shortly after this story was published, the AIDS Healthcare Foundation published a press release announcing the state bill to mandate condoms in pornography made progress today. From the release: “Assembly Bill 1576, Rep. Isadore Hall’s bill to require condoms in all adult films made in California cleared the Committee on Labor and Employment in the California Assembly in a 5 to 0 vote (with 1 absence & 1 abstention) today and now moves on to the Assembly Arts & Entertainment Committee.

“In the last year, at least two additional adult performers—Cameron Bay and Rod Daily—sadly became infected with HIV while working in the industry,” said Michael Weinstein, President of AIDS Healthcare Foundation. “AB 1576 expands and broadens worker protections for all California’s adult film workers on a statewide basis.”]

For Acworth, the passage of either of the statewide reforms in porn would be too prohibitive to do business in California. He’d then move the whole kinky company to Nevada, as many of his fellow pornographers have already done.

“We hope this never happens and that the new regulations are reasonable, but if it does happen over the coming years, we would like the option to rent out The Armory – or portions thereof – to other users.”

The planning review process takes 18-24 months, so in the short term, everyone can calm down. But for the long term, you’ll know Kink.com is ready to move by watching the progress of statewide porn reforms. If porn actors need to wear goggles in productions, it looks like we’ll say goodbye to Kink.com.

Below we’ve embedded the planning department filing from Acworth, obtained by Uptown Almanac.

Planning Department File on Kink.com by FitztheReporter

Federal criminal indictment of PG&E doesn’t go far enough

Sasha Cuttler
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Federal criminal indictment of PG&E doesn’t go far enough

  A federal grand jury in San Francisco yesterday issued a criminal indictment against Pacific Gas & Electric for negligence in the 2010 gas pipeline explosion in San Bruno that killed eight people and destroyed an entire neighborhood. That’s significant and serious, but it also falls far short of what this rapacious company and its conniving executives — none of whom face personal criminal charges — should be facing.

The indictment and media reports on it omit key details of what happened leading up this tragic and entirely preventable explosion, buying into the fiction that there is a meaningful difference between PG&E Co., the regulated utility, and PG&E Corp., the wealthy and powerful Wall Street corporation. This is a stark example of how corporations are given all the rights of individuals, but accept few of the responsibilities, with the complicity of the political and economic systems.

The 12-count indictment focused on violation of the Pipeline Safety Act, which requires companies to maintain their potentially dangerous pipelines, including keeping detailed records and doing safety inspections that would detect flaws like the faulty weld that caused the San Bruno explosion on Sept. 9, 2010 – work the company negligently failed to perform.

But PG&E’s wanton disregard for public safety, combined with the greed and shameless self-interest of then-CEO Peter Darbee and other executives, goes far deeper than that. A report by the California Public Utilities Commission released in January 2012 found that $100 million in ratepayer funds that had been earmarked for pipeline maintenance and replacement, including this section in San Bruno, was instead diverted to executive bonuses and shareholder profits.

“PG&E chose to use the surplus revenues for general corporate purposes,” the audit said, noting that the company was flush with cash at the time and there was no good reason to neglect this required maintenance.

And in 2010, those questionable corporate purposes included spending more than $45 million to write and promote Prop. 16, a June 2010 ballot measure that would have required approval by two-thirds of voters whenever cities wanted to start community choice aggregation programs such as San Francisco’s proposed CleanPowerSF. California voters rejected that outrageous ruse by more than a 2-1 margin – so Mayor Ed Lee and his appointees were forced to kill CleanPowerSF on their own last year.

PG&E maintains the explosion was just an accident.

“San Bruno was a tragic accident. We’ve taken accountability and are deeply sorry. We have worked hard to do the right thing for victims, their families and the community, and we will continue to do so,” PG&E CEO Tony Early, who was hired after the explosion, said in a prepared statement. “We want all of our customers and their families to know that nothing will distract us from our mission of transforming this 100-plus-year-old system into the safest and most reliable natural gas system in the country.”

But this “tragic accident” was foreseeable and preventable, particularly if PG&E was spending our ratepayer money on the system maintenance it was allocated for, instead of trying to fool us with a deceptive and myopic political campaign. Those were decisions made by real people, including Darbee and others, decisions that killed innocent people – and they should be held accountable. Neither this indictment nor a previous civil settlement go far enough.

PG&E’s employee union, IBEW Local 1245, continues to act as an apologist for the company executives, issuing a statement that in part says, “The federal indictment filed April 1st against the company says that PG&E willfully failed to identify and evaluate threats to its transmission pipelines. We know of nothing that would rise to the level of willful. It is possible there are things we don’t know. But based on what we do know, the company failures that led to the San Bruno explosion were not willful.”

Meanwhile, even some PG&E shareholders are siding with the company’s federal prosecution while bringing a shareholder lawsuit seeking to recover some of the diverted funds. Their high-powered attorney, Joe Cotchett, issued a statement today that said, “We welcome yesterday’s indictment by the federal grand jury of PG&E on criminal charges that it violated federal pipeline regulations. It is clear the federal government agrees with us that PG&E chose profits over safety. The indictment comes as no surprise, as it closely mirrors the detailed complaint we filed months ago against PG&E’s officers and directors, after our own extensive investigation.  The indictment states that PG&E ignored and failed to properly identify potential threats to gas pipelines, failed to gather relevant data, maintained flawed records, and as a result, was unable to accurately assess the dangers related to its lines that could have prevented the explosion. On behalf of the shareholders of PG&E, we intend to amend our complaint to add some additional facts stated in the indictment.”

“Our complaint alleges that PG&E’s executives dropped the ball and failed to implement safety measures despite numerous red flags raised by Company insiders with risk management responsibilities. We allege PG&E has already incurred charges of about $1.83 billion related to the San Bruno accident and natural gas matters. In its annual report, PG&E admitted that this criminal investigation could expose the Company to even greater losses. Our complaint also alleges that PG&E’s Board sponsored reviews of its risk management practices revealing that PG&E was in ‘crisis’ mode prior to the accident, and that, in 2007, PG&E’s newly-hired Senior Vice President of Engineering and Operations determined that the Company’s Enterprise Risk Management program ‘seems unactionable because almost everything is broken.’”

This is the company that Mayor Lee praises as a “great company that gets it,” supporting its continued monopoly control of San Francisco’s energy system and subverting a city proposal to provide renewable energy to city residents, even as the threats posed by global warming increase, as this week’s report by the United Nations Intergovernmental Panel on Climate Change warns.

This is a sick system, and something needs to change.

Go do this thing tomorrow: The Flaming Lips’ Wayne Coyne at Aquarius Records

Steven T. Jones
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Remember when we told you about Flaming Lips frontman Wayne Coyne’s East Coast-only “Record Store tour,” during which he was selling a signed, limited-edition, 12-inch, 20th anniversary reissue of the band’s deliciously scruffy debut EP, packaged with a life-sized, anatomically correct, “hand-crafted, custom-made chocolate skull”? And the skull also contains a special gold coin that gains the bearer entry to any Flaming Lips show in the world? Of course you do. 

Well, he was lying — it’s not East Coast-only. He added a few West Coast dates this week, including an appearance tomorrow [Thu/3] at 5pm, at the Mission’s own Aquarius Records. Which is a pretty tiny space for a Flaming Lips(-esque) show. And pretty early in the evening to be taking hallucinogens. Oh, the sacrifices we make for rock ‘n’ roll.

Here’s a good one off that 1984 EP to get you warmed up.

Will Airbnb pay its accumulated tax debt to SF?

Sasha Cuttler
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Will Airbnb pay its accumulated tax debt to SF?

So now that Airbnb has agreed to start collecting and paying the transient occupany tax in San Francisco sometime this summer — finally acknowledging that’s the only workable way to meet the tax obligation it shares with its hosts — that leaves open the question of whether this $10 billion corporation intends to pay the tax debt it has accumulated for years while trying to duck its responsibility to the city.

That’s at least several million dollars that the city could really use right now. As we’ve previously reported, Airbnb commissioned and publicized a study in late 2012 claiming its San Francisco hosts collected $12.7 million from Airbnb guest in fiscal year 2011-12, meaning they should have collected and remitted to the city $1.9 million.

In early 2012, the San Francisco Tax Collector’s Office held public hearings to clarify whether the TOT applies to the short-term rentals facilitated by Airbnb and similar companies, ruling in April 2012 that the TOT does apply to those stays and that it is a “joint and several liability” shared by the hosts and Airbnb, which conducts the transaction and takes a cut.

As we also later reported, despite heavily lobbying during the hearing and being acutely aware of the outcome and its resulting tax obligation, Airbnb simply refused to comply and tack the 15 percent surcharge onto its transactions, as similar companies such as Roomorama were doing.

So if Airbnb was really being the good corporate citizen that it’s now claiming to be, it would not only start charging the 15 percent fee and sharing that money with the city, it would also cut San Francisco a check for around $4 million, or whatever the tax would be on what this growing business has collected from its guests since April 2012.

That’s at the very minimum, giving the company the benefit of the doubt that there really might have been an honest difference in opinions on whether the clear language of the tax code really applied to its transactions. But if we really wanted to be sticklers about this, Airbnb would actually owe the city millions of dollars more than that, going all the way back to its founding in 2008.

“The April 2012 regulation did not change the tax.  It provided more information about the definition of room and the merchant of record in a transaction.  We have always expected for operators to collect and remit the applicable transient occupancy tax,” Greg Kato, the policy director for the San Francisco Tax Collector’s Office, tells the Guardian, later adding that short-term stays “have always been taxable,” even in apartments.

Airbnb continues to duck questions from the Guardian, including our latest on whether it intends to pay its back tax obligation, and the Chronicle didn’t raise the issue with Airbnb. But a statement that Airbnb’s David Hantman put out on the company’s website yesterday does offer some clues about its change of heart.

After announcing plans to collect and remit the TOT in Portland last week, Hantman said he held a question-and-answer session with its hosts in San Francisco “and announced that we’ll soon be collecting and remitting taxes on behalf of our hosts in San Francisco as well.”

Note the legalistic language that continues to avoid accepting that the company is also responsible for that tax debt, not just its hosts. But it appears the company finally realized it can’t just pass the buck to its hosts.

“We have repeatedly said that we believe our community in San Francisco should pay its fair share of taxes. We know from countless discussions with our hosts that they want to pay taxes, but some of these rules are arcane and difficult to follow. Some hosts have even tried to pay taxes in San Francisco and been turned away,” he wrote.

But that statement is a deceptive one, avoiding the fact that short-term stays are actually illegal in San Francisco, violating Administrative Code Section 41A, as well as a variety of planning and zone codes that prevent tourist hotels from being located in residential areas.

That’s why Airbnb hosts have had a hard time paying their taxes, as the Guardian has repeatedly reported, not because “these rules are arcane and difficult to follow.” It’s because Airbnb’s business model isn’t legal, something that Board of Supervisors President David Chiu has been trying to create legislation to address, although negotiations have now dragged on for more than a year.

“We want to help solve this problem. We’re still working on some operational details, but our goal is to launch this program for San Francisco hosts this summer,” Hantman wrote, making the company sound helpful and oh-so-public spirited.

Given that any decent coder could probably figure out how to add a 15 percent surcharge onto Airbnb’s San Francisco transactions in less than an hour, I’m a little skeptical about the “operational details” that will drag its tax compliance out for several more months. My guess is it is trying to retain some political leverage in negotiations over the Chiu legislation.   

“We are a growing company in a new economy. We are taking this action—and initiating our entire Shared City program—as we strive to help make cities stronger, safer, more financially stable. And we’re excited to continue this pilot program in San Francisco. This city is our home and we look forward to continuing to work with everyone here to make it an even better place to live, work and visit,” was how Hantman closed his post.

Hopefully that means San Francisco can expect a $4 million check from Airbnb any day now. 

Billionaire helps poke holes in oil industry’s argument for drilling Monterey Shale

Sasha Cuttler And Mary Magee
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Billionaire helps poke holes in oil industry’s argument for drilling Monterey Shale

“We’ve been told that there’s a great oil boom on the immediate horizon,” billionaire investor and Pac Heights resident Tom Steyer noted at the start of a March 27 talk in Sacramento. 

But Steyer (who has pledged to spend $100 million on ad campaigns for the 2014 election to promote action on climate change) wasn’t there to trumpet the oil industry’s high expectations. Instead, he introduced panelists who dismissed the buzz on drilling the Monterey Shale as pie-in-the-sky hype.

Dr. David Hughes, a geoscientist with the Post Carbon Institute, and researcher Robert Collier had been invited to speak by Next Generation, a policy group focused on climate change that was co-founded by Steyer.

Last year, researchers from the University of Southern California released a study that wound up being cited time and again as the basis for the oil industry’s arguments in the context of a statewide debate on fracking ignited by environmentalists.

Partially funded by the Western States Petroleum Association, oil industry lobbyists, the USC report outlined a rosy economic outlook stemming from oil extraction in the Monterey Shale, a vast geologic formation touted as “a new, economy-spurring natural resource.”

The Monterey Shale spans 1,750 square miles, running beneath much of the San Joaquin Valley and into Southern California. Authors of a private-sector report produced by INTEK, referenced by the USC report, estimated that 15.4 billion barrels of oil could be extracted from the shale formation – mostly through nontraditional methods such as fracking or acidizing, a process that involves pumping acid underground.

But Hughes, the geoscientist, characterized this estimate as unrealistic. “The Monterey Shale certainly will produce more oil and gas, but likely only a very small fraction of what’s been reported in the INTEK report,” he said. “Projections are highly unlikely to be realized.” The Post Carbon Institute and Physicians, Scientists and Engineers for Healthy Energy published their own report, Drilling California: A Reality Check on the Monterey Shale.

Also unlikely to be realized are the optimistic figures on job creation and economic activity, Collier noted.

California is the nation’s fourth largest oil producer, but its production has been on a steady decline for the past two decades. “So the hopes for the Monterey Shale come in the context of a gradual decline, and the hopes that California will echo the big boom of North Dakota and Texas,” he said.

The USC report contained sensational projections, predicting that 2.8 million net new jobs would be created statewide in sectors indirectly or directly associated with oil. The most optimistic scenario predicted 4.4 million net new jobs. The report also predicted that opening up the Monterey Shale for drilling would result in a 14 percent increase in per capita GDP, as well as  $24 billion in state and local tax revenues.

And as the debate about regulating fracking raged on, the findings in this study were “echoed by politicians of both parties,” Collier noted.

But prominent economists, tapped by Next Generation to analyze the study, said they could find no basis for certain claims.

Next Generation researchers turned to University of California economists Jerry Nickelsburg of UCLA, Jesse Rothstein of UC Berkeley and Olivier Deschênes of UC Santa Barbara. “They said: ‘We cannot see any justification for these incredible numbers,” Collier reported. “They seem too big to be believable.”

Instead, the economists believed the potential job creation was closer to 100,000 in total direct and indirect employment, he added. More information is presented in Next Generation’s report.

So arguments that the oil industry has been using in favor of opening up the Monterey Shale might be based on flimsy math. 

Steyer, at the close of the talk, put in a plug for focusing on clean-energy sector growth instead.

“When we sit here and talk about jobs, let’s remember that the clean energy jobs are most likely to solve our employment problems,” he said. “If we want a boom in energy production, then we have a boom in energy production. I think it’s clear, our future is in advanced energy.”

April Fools Day in San Francisco: Acrobats block Google bus

Sasha Cuttler And Mary Magee
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April Fools Day in San Francisco: Acrobats block Google bus

“Everyone say, GMuni!”

Activist “Judith Hart,” clad in corporate attire and donning thick glasses without lenses, called into a microphone as she stood on the sidewalk next to a stationary Google bus. She was there as part of a tech bus blockade staged near 24th and Valencia streets this morning (Tue/1), around 9am.

“GMuni!” The crowd chanted.

“GMuni!” Hart repeated.

“GMuni!!!” Came the enthusiastic response.

Some acrobats stood in the street nearby, blocking the bus with dance-like motions. Occasionally leaning on the front of the bus for support, they lifted yoga balls high into the air while the Google shuttle remained parked with passengers aboard, awaiting departure.

The April Fools Day bus blockade – staged by Heart of the City, a group that has blocked corporate tech shuttles several times now – was more absurdist street theatre than protest.

The prank was to hand out “GMuni” bus passes to anyone wishing to board the Google bus. Hart posed as a Google executive launching a new program to provide free transit to all. But when one of the activists tried to climb aboard, waving the pass issued by the activists, the bus driver blocked him from entering, saying it was a private bus and nobody had informed him of this new program.

Eventually, a police officer arrived and asked activists to move to the sidewalk. They complied, but when the bus drove off, it had some signs affixed to the front that activists had placed there.

The street theatre protest was meant to draw attention to today’s scheduled Board of Supervisors vote to determine whether to approve an appeal of a Metropolitan Transportation Agency pilot program to allow private shuttles to stop in Muni bus zones for a fee of $1 per stop.

The Board is scheduled to vote at 3pm this afternoon. To have your say, go to San Francisco City Hall.

Airbnb finally agrees to pay its taxes in SF

Sasha Cuttler
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Airbnb finally agrees to pay its taxes in SF

Airbnb has apparently finally agreed to pay its taxes in San Francisco. The San Francisco Chronicle is reporting that the company, long called out by Guardian articles and editorials as a tax scofflaw blatantly defying a city ruling, will start collecting and remitting the 15 percent transient occupancy tax by this summer.

Airbnb CEO Brian Chesky announced last week that it would start doing so in New York City, Portland, Ore. and other cities that take part in its vaguely defined Shared City program. That prompted us to send Chesky and other Airbnb executives an email on March 27 asking, “I’m wondering why you’re willing to collect and remit taxes in Portland, but you’ve been unwilling to do so in San Francisco, the city where you’re headquartered and where the city ruled more than two years ago that you should be doing so?”

They never responded to that inquiry, which is part of the company tactic of stonewalling the Guardian on an issue that we were the first to report over a year ago when we discovered the company was simply refusing to pay a tax bill that our reporting found amounted to nearly $2 million annually in late 2012, and probably significantly more now.

The San Francisco Tax Collector’s Office ruled in April 2012 that Airbnb should be paying the TOT on the thousands of local stays that it facilitates, and that the company and its individual hosts were jointly liable for that tax obligation. But because Airbnb’s business model violates local laws against short-term rentals, it was difficult for individual hosts to get the license they needed to collect and pay the tax.

What prompted Airbnb’s sudden change of heart? Were they feeling the pressure? The Chronicle article doesn’t really make that clear, but we’ll let you know what we hear.

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