SFBG Blogs

Memorial for cyclist marred by SFPD harassment

Sasha Cuttler
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380

A memorial and informational event this morning at the 6th and Folsom corner where a bicyclist was fatally run over by a truck last week was marred by a tense and unsettling confrontation with an SFPD sergeant who showed up to block the bike lane with his cruiser, lecture the cyclists, and blame the victim.

The event was organized by the San Francisco Bicycle Coalition to raise awareness of the incident and that dangerous intersection and to call for the city to make improvements. It included friends and co-workers of 24-year-old Amelie Le Moullac, who was riding in the Folsom Street bike lane on the morning of Aug. 14 when an unidentified delivery truck driver turned right onto 6th Street, across her path, and ran her over.

SFPD Sgt. Dennis Toomer tells the Guardian that the department has completed the traffic incident report, information from which can only be shared with the parties involved, but that the investigation of the fatality is still ongoing and will be forwarded to the District Attorney’s Office for review once it’s done.

But SFBC Executive Director Leah Shahum said that SFPD Sgt. Richard Ernst, who showed up at the event a little before 9am, had already drawn his own conclusions about the crash and showed up to make his apparent disdain for “you people,” bicyclists, disturbingly clear.

Shahum said that she tried to be diplomatic with Ernst and asked him to please move his patrol car out of the bike lane and into an available parking space that was right next to it, saying that it presented an unnecessary hazard to bicyclists riding past.

But she said Ernst refused to do so for almost 10 minutes, telling the group that he has “a right” to leave his car than and that he was “making the point that bicyclists need to move around” cars parked in bike lanes, according to Shahum’s written account, which she prepared to file a report about the incident with the Office of Citizens Complaints.

“He then told me explicitly that he ‘would not leave until’ I ‘understood’ that ‘it was the bicyclist’s fault.’ This was shocking to hear, as I was told just a day ago by Commander [Mikail] Ali that the case was still under investigation and no cause had yet been determined,” Shahum wrote.

And apparently Ernst didn’t stop at denouncing Le Moullac for causing her own death, in front of people who are still mourning that death. Shahum said Ernst also blamed the other two bicyclist deaths in SF this year on the cyclists, and on “you people” in the SFBC for not teaching cyclists how to avoid cars.

“I told him the SF Bicycle Coalition does a significant amount of safety work educating people biking and driving about sharing the road, and that I’d be happy to share more information with him. I again urged him to move his car out of the bike lane. He again refused, saying it was his right and he wasn’t moving until I ‘understood,’” Shahum wrote.

Shahum said there were multiple witness to the incident, including three television reporters who were there to cover the event.

“In addition to the Sgt’s inappropriate and dangerous behavior of parking his car in the bike lane and blocking safe passage for people bicycling by, it was deeply upsetting to see him unnecessarily disrupt and add tension to what was already an emotional and difficult time for many people who lamented this sad loss of life,” Shahum wrote.

Asked about the actions and attitudes expressed today by Ernst, who we could not reach for comment, Sgt. Toomer told us he “cannot talk about personnel issues.”

Compounding Ernst’s insensitive and judgmental approach today, it also appears the SFPD may have failed to properly investigate this incident, which Shahum and the SFBC have been tracking closely, and she said the SFPD told her that there were no video surveillance tapes of the collision.

After today’s event, SFBC’s Marc Caswell decided to check in at businesses on the block to see if they had any video cameras aimed at the intersection, and he found an auto body business at the intersection whose workers said they did indeed have revealing footage of the crash that the SFPD hasn’t requested, but which SFBC today delivered to investigators.

“He had the time to come harass us as a memorial, but he didn’t have the time to see if anyone had footage of this incident. It’s very unsettled,” Shahum told us.

Whoever was ultimately at fault in this collision and others that have injured or killed bicyclists in San Francisco, today’s confrontation demonstrates an unacceptable and dangerous insensitivity and animosity toward bicyclists in San Francisco, which was also on display in the comments to the post that I wrote last week about the incident.

It’s fine to debate what happens on the streets of San Francisco, and you can even harbor resentments toward bicyclists and believe that we deserve your ire. But when you endanger people’s lives to make a point, or when you threaten violence against vulnerable road users, then you’ve gone too far.

Yes, let’s talk about what happens on the roads and how to improve behaviors, but let’s not forget our humanity in the process.  

One thousand surveillance cams in SF and counting

Sasha Cuttler And Mary Magee
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81

If you walk through densely populated commercial corridors on a regular basis, chances are you’re being recorded. Based on information compiled by CommunityCam, a data visualization project plotting the location of security cameras, there are at least 1,100 surveillance devices installed throughout San Francisco – and possibly many more.

Billed as a “community service initiative” designed to make neighborhoods safer, the CommunityCam platform was developed by VideoSurveillance.com, a proprietor of IP-connected CCTV systems that has served customers ranging from California Pacific Medical Center to Harvard University to Lockheed Martin.

The web-based platform reveals the precise locations of visible security cameras throughout the city, incorporating a crowd-sourcing component that allows anyone to plot the location of a camera.

San Francisco neighborhoods with the highest concentration of surveillance cameras include the Financial District, the areas around North Beach and Chinatown, and the Marina, the data shows. The vast majority of the cameras are privately owned, but the map plots all visible security cameras regardless of whether they’re operated by commercial interests or public agencies.

VideoSurveillance.com president Josh Daniels, a Portland resident who previously lived in San Francisco, launched the effort, which he described as an effort to improve public safety.

“The CommunityCam network of cameras gives community residents a way to investigate when an incident occurs,” Daniels said in an interview with the Guardian. Noting that accidents such as cyclist collisions or physical assaults were common in San Francisco streets, he said, “it’s just impossible to investigate these kinds of incidents in San Francisco” without the presence of security cameras. He called the project “a way to let people know that video surveillance can be used in very positive ways.”

While Daniels is not formally partnering with police, he described law enforcement as  “very interested in the locations of the cameras” and said he’d met with law enforcement groups in San Francisco as well as neighborhood groups, landlords, and building managers. He added that across the board, police agencies are “very strapped from a financial resources standpoint,” so his project can serve as a tool for those agencies without additional cost.

And collaboration with law enforcement could expand further down the road, Daniels said. “In the future there’s potential to expand the program and expand the services to give law enforcement access to privately held cameras,” Daniels said, “but that’s a long way off.” Media representatives from SFPD had not responded to the Guardian’s request for comment by press time.

While the CommunityCam platform introduces a new level of transparency to private security systems installed throughout the city, it also raises a number of questions. While it’s billed as a public safety program designed to illustrate the useful attributes of CCTV, CommunityCam also serves to illustrate the growing surveillance infrastructure in public space, a phenomenon that necessarily raises questions about the erosion of privacy in a hyper-connected world.

The early-stage data-mapping project also presents questions about how this tool could ultimately be developed and utilized, particularly if it’s used toward developing a broader or more centralized surveillance infrastructure. If public safety officials or private security entities use the data to identify gaps where public space isn’t being monitored, it could be used to justify the installation of still more cameras.

Earlier this year, the Guardian spotlighted San Francisco’s pilot project testing out “smart” streetlights that would be wired into a centralized IP-connected system, with possible future uses as street surveillance. We’ve also kept an eye on the San Francisco Police Department’s efforts to collect surveillance footage from local bars.

Privacy and civil liberties advocates have flagged concerns about the proliferation of CCTV cameras in public spaces. Privacy advocates focused on CCTV are particularly active in the UK, where studies suggest the average Londoner is caught on camera 300 times per day on average, and new technologies such as cameras that incorporate license plate readers have been adopted in smaller cities.

Daniels said he’s very familiar with these concerns, but was dismissive of the idea that security cameras in public space presented any sort of encroachment on personal privacy. “My own opinion is that I don’t believe I have an expectation to privacy in a public setting,” he said.

While Daniels noted that CommunityCam is the first-ever attempt to plot security cameras in an interactive online format, it’s not actually true. Last summer, European privacy activists who wished to draw attention to the proliferation of CCTV cameras led a game called “camspotting” in Brussels, part of an international activism effort known as “1984 Action Day.” After going out and logging camera locations, they plotted them on an online map.

Sublime nonsense: extended interview with Wet the Hippo’s John Gilkey

Sue Vaughan
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5
Sublime nonsense: extended interview with Wet the Hippo’s John Gilkey

Note: this is an extended version of an interview that appears in this week’s paper.
 
The sets are gone, and the costumes, and that giant blue-and-yellow tent. Master clown and performance maker John Gilkey has ended his fourth stint with Cirque du Soleil since 1996. But if the wiry, often wild-haired Gilkey and his Muppet-like mug are no strangers to the big time, they move just as ferociously through a bare stage in a small venue wearing not much more than, these days, a bushy beard.
 
It’s been three years since Gilkey last performed in San Francisco — flanked by comedians Alec Jones-Trujillo and Donny Divanian, the deadpan naïfs of his avant-comedy trio, We Are Nudes. Just as the very funny yet vaguely unnerving, off-center style of Nudes occupied some indeterminate territory between sketch comedy and Dadaist destruction, Gilkey’s latest venture — the Los Angeles–based eight-member improvisational ensemble known as Wet the Hippo — takes its audience beyond the usual endpoints of improv.


Born out of his Idiot Workshop classes in clown, Wet the Hippo is a big brand new baby of a beast, only four months old but charging forward with gusto — and an edgy, searching brilliance Gilkey is clearly thrilled with. He is frankly in love with his cast members, with whom Gilkey interacts as director, prodding them from onstage and off. Ahead of their first tentative tour (a three-stop zero-budget swing through Arcata, Placerville, and San Francisco), Gilkey picked up the phone from his LA roost to talk Hippo-thetically.
 
SF Bay Guardian Wet the Hippo is quite a change from Cirque du Soleil, more low-to-the-ground, very much autonomous.
 
John Gilkey Yeah, what we’re doing now — there’s eight of us, there’s no budget. Yeah. Low-to-the-ground is a good way to put it.
 
SFBG It’s a big contrast, but maybe there are similarities?
 
JG One way I describe the show: I’m taking everything I learned from Cirque about the creation process they have — although I should be clear about that: The creation process changed after Franco [Dragone] left. But when Franco was still there. And also when I was on Franco’s creative team for [his independent Las Vegas spectacular] Le Rêve — I’ve taken that process and I’ve applied that to this ten-dollar-a-ticket show with eight people. It’s an amazing contrast. And in some ways it’s quite similar. When I’m working with the performers, I work with them similarly to Franco in that he’s trying really to get to the nut of the person. His number one question is, “Who are you?” He’s trying to figure out what is it about this person that’s interesting. Their strengths, their weaknesses, their physicality, their voice, all this stuff — how can we magnify this person into an interesting stage presence?

I do that with my little cast here. It’s why I’ll do things like try to play with the juxtapositions — surreal qualities that Franco looks for, taking things that don’t belong together and squishing them together, layering the mise-en-scène, so you’ve got different things going on. Things that if you don’t hit it just right they conflict or distract. But if you get it just right, in the pocket, somehow they’ll come together into a holistic focus.
 
SFBG It’s an improvised show, but it’s clearly not the Harold — or other improv forms we’re familiar with.
 
JG It’s something new that we’re trying to do, so we’re learning about it, discovering it as we go forward, as we search. It’s an evolving process. But what I’m looking for as the director, both offstage and onstage — or the conductor/director when I’m onstage — is to try to get everybody buzzing, ringing, in tune, and then see how they harmonize. I think when we hit, it is music. It’s on a level you can’t quite put into words. This is when we succeed. We don’t always succeed. Part of the show is us searching for that, which is also fun. We play a lot with success and failure. When we’re failing we try to really make sure that we acknowledge it and somehow use it to our advantage.
 
SFBG How can failure work to your advantage?
 
JG One thing we’re discovering is that the highs aren’t as high if the lows aren’t as low. So that’s one reason to fail. And I tell people when we’re rehearsing or in the classes that I teach (all of this came out of these classes): This is the spirit of clown. You’re always looking to get yourself into danger. You want to be in danger. That’s where the drama really comes. Instead of pretending, we try to really get into danger.
 
SFBG It seems that really good clown toys with disaster, really, or death, ultimately. It’s horror and laughter at once in the face of mortal truth.
 
JG Yeah, absolutely death. There’s this beautiful book, I don’t know if you ever read it, The Death and Resurrection Show. It’s out of print. You sometimes can get it online for like 200 bucks. Rogan Taylor. Anyway, his thought is that all modern entertainment can be traced back to early shamanism, to healers, and that even many modern performers have gone through something like the shaman’s journey. In fact, it’s the same as the hero’s journey — you get taken away from the place you know, you get torn asunder, you go through this process of learning how to put yourself back together, then you go back to this place that you’re originally from, and you share what you’ve learned. You learn about Charlie Chaplin growing up poor and unhealthy and having to survive that kind of childhood, and then anything that he creates is infused with those lessons he learned.

So death is always a part of it. We talk about dying onstage, when we’re doing comedy. It’s super visceral. We want to touch people on as many levels as we can.
 
SFBG In the show, you’re onstage and off as the director-conductor, prodding people. Where has that come from? Your work with Franco? Your work in the Idiot Workshop?
 
JG Yes, exactly. It’s inspired by my work with Franco and how Franco worked with the performers in Cirque. In turn, I think Franco got a lot of inspiration from working with guys like Philippe Gaulier, who was originally a teacher at the [École Jacques Lecoq] in Paris, and eventually went off on his own. He and Lecoq and this guy Pierre Byland were all credited with developing the modern clown form. So to be fair, Franco was heavily influenced by that. We, influenced by Franco, were in class and in rehearsals really trying to push the performers into the place where they don’t want to be — again, getting back to this danger and death idea. It’s that that’s where they become vulnerable, and that’s when you really see who they are.

So in rehearsals we often talked about am I going to be part of it, or do we get rid of me before we go onstage? As things developed, we [found] that with me there we could get into more danger — because I could help us get out of it. And I could push the performers into danger by being onstage. Also it just added a weird, wild element that was hard to define for the public. It kept the questions going, which felt engaged. There’s no fourth wall, so we want the public always to be engaged. When they’re not, that’s when we’re done.

In fact, all of the performers, except for the musician, have a fair amount of improv experience. And they’ve all felt limited by improv, because despite what it sounds like, there’s a lot of structure in improv. In terms of rules, but there’s also an imposed structure in terms of how you play as an actor, what’s accepted and what’s not. If you go too far, you freak out your fellow performers. So you have to stay in a particular window of commitment. There are certain emotional colors that you can share, and certain colors that you can’t, because otherwise you just freak people out and they don’t know how to follow you.

But we push to real extremes. I think that’s one of the things that makes us kind of special, that there’s this trust among us. We can go super far and the other [actor] can match us, no matter how far we go. We challenge each other with that.
 
SFBG This reminds me of a solo piece of yours, the one where you’re running in slow motion to a swelling score and you get shot down, and you get back up and get shot down again, and it goes on and on and on. It’s hilarious, at first, and then it’s something else, something more. You pass through the laughter to a mixture of horror and beauty.
 
JG Right. And that’s our goal. We want to find those moments. And we realize that to do that we have to push super far. It’s like when sense becomes nonsense, but somehow makes more sense. Earlier, in the beginning of the conversation, we were saying it becomes musical when we’re hitting. That musical quality is the sublime, another way to say it. It’s resonating on so many levels that we’re not quite sure; we’re not accustomed to processing it emotionally.
 
SFBG This is an exploration that goes beyond the usual endpoints — something riskier, unknown?
 
JG In standard improv, in standard comedy, you’re going for the laugh, always. I believe there’s something that is greater than the laugh. Maybe the easiest way to say it is that it’s the sublime. And the way to get to the sublime is to ask an actor to play at their most genius level—either absolute smartest or absolute stupidest. It’s not a linear progression from stupid to genius; it’s circular. It’s where they meet. It’s where the genius in you meets the idiot in you that you become so beautiful that you hit sublime. It’s beyond laughter. It’s the moment where you get your mind blown.
 
WET THE HIPPO

Mon/26-Tue/27, 7:30pm, $10 (advance tickets here)

Venue TBD (“Look for the skinny violinist at 22nd St and Valencia at 7:30pm; you will be escorted to the venue from there”), SF

www.wetthehippo.com

Activists say a pair of Spades could beat culture and small business in the Mission

Sasha Cuttler
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94

[UPDATE: The Board of Appeals last night voted to 3-2 that Jack Spade should be considered a formula retail business, short of the four-vote supermajority that activists needed to sustain their appeal.]

Progressive activists and small business owners in the Mission are trying to draw the line against the creep the of corporate chain stores — with their homegeneity and tendency to drive up commercial rents — and they’re drawing that line at the old Adobe Bookstore where the Jack Spade corporate clothing chain was trying to quietly sneak in.

“I’m strongly opposed because of its potential to destroy the culture of this area,” Michael Katz, owner of Katz Bagels across 16th Street from the site, told the Guardian. “If they start allowing chains to come, it will be one chain store after another.”

Katz has already been experiencing the flipside of these economic boom times, recently forced to close his shop on Mission Street near 2nd in SoMa because of rising rents and competition from both food trucks and corporate-backed competitors. Now, he’s fighting to defend his Mission District turf against deep-pocketed competitors.

“This will change the special personality of the 16th and Valencia corridors,” Katz said. “It’s turning it into a commodity.”

Katz is among the dozens of people planning to show up tomorrow for the San Francisco Board of Appeals’ hearing (Wed/21, 5:00 PM, City Hall Room 416) on the Jack Spade store. The Valencia Corridor Merchants’ Association is organizing the challenge to the legal standing of a building permit issued to Jack Spade by the Planning Department in June.

Last week, that same group of activists experienced a minor setback when the Board of Appeals denied a late filing request. Tomorrow, however, they’ll get the opportunity they were seeking to argue that the store is “formula retail” and needs to submit to a public hearing before being sanctioned by the Zoning Administrator to open a new Mission location.

Mission resident Kyle Smeallie has been working with the VCMA to oppose the mens’ clothier’s advances on 16th street. In the case of Jack Spade, the Planning Department has enforced only the narrowest definition of “formula retail” as a business with 11 or more locations, while failing to defend the broader spirit of the law.

Since Jack Spade is owned by Fifth & Pacific (aka Liz Claiborne), according to Smeallie, it is a corporate chain store. Though it indeed has only 10 locations, Jack Spade “has a complete imbalance of power and resources, which is exactly what the formula retail legislation aimed to remedy in the first place,” said Smeallie.

Fifth and Pacific also makes clear on its website the Jack Spade is an expanding chain: “Under Fifth & Pacific, Jack Spade has begun to spread its wings and is now poised for broader expansion. Although management would not disclose a precise volume breakdown, Fifth & Pacific’s CEO William L. McComb said on an earnings call last year that Jack Spade ‘can be a $100 million men’s business with very high margins.’”

That’s “margins” as in profit margins, meaning that this corporate chain can has an economies of scale that allows it to buy goods for cheap and sell them for whatever people will pay, which is an ever-increasing amount in the rapidly gentrifying Mission.  

Experts have advised the activists that their best approach is to argue that Kate Spade and Jack Spade are essentially the same store, with well over 11 locations nationwide, since corporate parentage is not explicitly prohibited in the formula retail legislation approved by voters in 2006.

“We’re going to make the case that, since it’s named Spade, it has benefitted from the association with Kate Spade,” Smeallie explained. “Legally, we have a case to say a Spade is Spade and they should be considered one and same.”

In the past, this strategy was successful in thwarting an effort by “Black Fleece by Brooks Brothers” to open a neighborhood location by claiming that it was, effectively, just another Brooks Brothers. In that case, however, the full name of the large-scale retailer was present in the subsidiary’s label.

Lawsuit alleges Uber unfairly withholds tips from drivers

Sasha Cuttler And Mary Magee
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51

A class action lawsuit filed against Uber, a tech-based service that connects riders to drivers and has filled San Francisco streets with sleek black town cars, alleges that the company is cheating its drivers out of tips.

The suit also charges that drivers have been misclassified as independent contractors under California law.

Uber’s website tells customers there is “no need to tip,” and drivers are prohibited from accepting any extra cash. The complaint alleges that “drivers do not receive the tips that are customary in the car service industry and that they would otherwise receive were it not for Uber’s communication to customers that they do not need to tip.”

The lawsuit was filed in San Francisco’s Northern District on Aug. 16. Attorney Shannon Liss-Riordan, of the Boston-based firm Lichten & Liss-Riordan, believes that by withholding tips “Uber is artificially trying to make the total price look lower – and in doing so, they’re hurting the drivers.”

Douglas O’Connor, who is named as a plaintiff in the lawsuit, said that when he started working as an Uber driver in San Francisco about 10 months ago, he was told not to accept tips because they were included in the service fees automatically charged to customers’ credit cards. But there’s nothing in his paycheck to indicate whether he has received a gratuity or for what amount, O’Connor said.

“For some of the drivers there has been a line item, but that line item that’s called the gratuity has not gone to the drivers,” Liss-Riordan explained. In those cases, it appears Uber takes half, she said. And in cases like O’Connor’s, “There is no separate gratuity that’s going to the drivers,” Liss-Riordan said, so the representation that any tip was included in the first place is “a lie.”

Liss-Riordan noted that Uber has even been known to send out “secret shoppers” who are directed to take Uber, offer cash tips, and report whether the drivers accepted the tips or declined with the explanation that the tips are included in the service fee, as they are instructed to.

Meanwhile, Uber recently required drivers to agree to revised contract terms, which is mandatory in order to continue their relationship with the ridesharing company. Buried in the fine print is an arbitration clause with a class action waiver. By agreeing to these terms – something Uber not only requires but makes exceptionally easy with the tap of a button on a smartphone – drivers are essentially giving up their rights to join a class action suit against the company. O’Connor noted that the contracts were sent out in English only, but English is not the first language of many Uber drivers.

“In order to opt out of this class action they have to send a hand-delivered letter to the general counsel of Uber in San Francisco,” Liss-Riordan pointed out. “We’re also trying to get the word out to Uber drivers that if they want to participate in this class action case and potentially recover their tips, they actually have to opt out of this arbitration clause.”

O’Connor said he drives between 30 and 70 hours a week, and would like to continue doing so in the long run. But without the additional income he feels he could be earning in tips, “I’m not going to be able to do it. It’s just so expensive to live in the San Francisco Bay Area.” He described what happened when a businessman he’d ferried to the airport offered to add an additional $10 to $15 onto his company credit card for exceptional customer service. He couldn’t, because Uber does not provide a mechanism for attaching an additional driver bonus onto the service fee. 

Asked if there was an estimate as to how much drivers could be losing in tips, Liss-Riordan said, “It adds up to a lot – for someone working there for over a year, you could be talking in the hundreds if not thousands of dollars.” And for the entire class of Uber drivers, who are estimated to number in the thousands across major U.S. cities, she noted that the total damages sought could end up being in the millions.

In addition to charging that Uber is “unjustly enriching” itself by collecting fees that are owed to drivers, the suit also claims that Uber drivers should be classified as employees under California law.  

“Under California law, there’s a multi-factor test to determine whether someone is an employee or an independent contractor and the test looks at things like … whether the workers’ services form the core part of what the business does,” Liss-Riordan explained. In this case, they do, she added: “If there were no drivers, there would be no Uber.”

As independent contractors, Uber drivers must pay for their own gas expenses and vehicle maintenance. They are not eligible for workers compensation or unemployment benefits in the event that they are terminated. Nor is Uber required to make any contributions toward its San Francisco drivers’ health care costs, since its drivers aren’t considered employees. The San Francisco Health Care Security Ordinance mandates that employers contribute toward healthcare for any employee working eight hours or more.

Liss-Riordan specializes in representing tipped employees. She prevailed in a lawsuit against American Airlines on behalf of skycaps who were prevented from receiving tips because the airline created a $2 fee for curbside check-in that led passengers to believe that gratuity was included.

Reached via email, Uber spokesperson Andrew Noyes declined to answer questions about the allegations raised in the complaint, nor would he explain why Uber required its drivers to agree to an arbitration clause waiving their rights to join a class action suit. Noyes declined to comment, saying the complaint had not yet been formally served.

O’Connor, meanwhile, said he agreed to be named as a plaintiff in the case “in order to improve working conditions for myself and my colleagues.” Asked if he was concerned whether this decision would affect his standing as an Uber driver, O’Connor shrugged it off. “I’m probably not going to get the employee driver of the month award,” he joked.

The Performant: Surrender to Dorothy

Sue Vaughan
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2

San Francisco’s invasion of Canada has begun

On my first day in Alberta, Canada I am greeted by gracious Edmontonians bearing platters of smoked meats, a local tradition perhaps, and upon joining my reconnaissance troop, the small but mighty Naked Empire Bouffon Company, who I’m stage-managing for their one-month Fringe Festival tour, we head down to the 32nd Edmonton International Fringe Theatre Festival headquarters to discover what we can about the territory. The Edmonton Fringe is the second largest in the world after Edinburgh (the original), attracting over a half-million people to the festival site, and hosting over 200 performing companies over the course of 11 days. Mixed in with the vast throng of performers from around the world, a small regiment of infiltrators from the Bay Area have scattered themselves throughout the festival grounds and venues, a quiet invasion of quirky monologists and seasoned storytellers.

And Naked Empire of course, whose confrontational buffooning offers an entirely different definition of Fringe theatre.

Once briefed, we spread out into the Old Strathcona neighborhood to make ourselves known. Old Strathcona is one of those sweetly-preserved old town areas filled with historic wood and brick buildings, cute vintage boutiques, head shops, pubs with names like “Filthy McNasty’s” and “The Tilted Kilt,” as well as many of the city’s theaters and clubs. But what catches our eyes most immediately are the community signposts and storefront windows already covered with Fringe show posters and flyers, although the festival won’t open for another three days. We’re lucky we’re so early, there’re still a few empty spots we can claim as our own with a stack of posters and reams of packing tape. The Naked Empire conquest of Canada has officially begun.

Over the next few days I keep an eye out for evidence of our Bay Area comrades. Some shows are familiar to me, such as David Caggiano’s Jurassic Ark, which won a “Best Of” award at the 2011 San Francisco Fringe, and Annette Roman’s Hitler’s Li’l Abomination, which plays the same venue as Naked Empire — the Yardbird Suite, a volunteer-run Jazz Club during the year. Others are performers I’ve seen in previous shows, such as Pi Clowns, here with a stripped-down, three-person venture entitled De(tour), and Randy Rutherford with Walk Like a Man, a low-key, heartfelt solo show combining folk music and reminiscence. Still others are performers I haven’t yet seen in the Bay Area, so it was fun to catch them across the border instead: Howard Petrick on riding the rails in Never Own Anything You Have to Paint or Feed, and Barbara Selfridge in Zero Tolerance: Sex, Math, and Seizures.

Out of all of us, Rutherford is the performer who’s most seasoned on the Canadian Fringe, a linked circuit of 22 individual festivals with staggered starting dates stretching across the continent, making it possible for a Fringe artist to start touring in June in Montreal (or May, in Orlando, Florida), and travel west all summer long, hitting multiple festivals along on the way. Performing his solo shows on the circuit since the late 1990s, Rutherford has won 21 “Best Of Fringe” awards, and is one of the rare performers from the United States to really tap into the potential rewards the Canadian Fringe has to offer. The irony, of course, is that he’s much better known in Canada than in his own hometown, as are many of the Fringe famous.

As for Naked Empire, our second show is today, so it’s still early to tell whether or not we’ll be joining those ranks or not, but stay tuned. The Edmonton Fringe is just beginning and there are dozens of stories yet to tell.

Wanna Fringe vicariously through us? Follow @enkohl and @NakdEmprBouffon on the twit-thing for updates and gossip.

“Greyhound therapy” is wrong for Nevada, and San Francisco

Sasha Cuttler
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22

It’s horribly inhumane and indefensible for Nevada to ship its mentally ill homeless to San Francisco, and City Attorney Dennis Herrera is right to go after that state with a lawsuit aimed at changing that policy and recovering the city’s costs, which he discussed today in a press release and San Francisco Chronicle article.

But San Francisco should have greater moral authority to make this stand than it does, thanks to the Homeward Bound program started by then-Mayor Gavin Newsom and continued by Mayor Ed Lee, a program that gives local homeless individuals a one-way bus ticket out of town.

The Chronicle took pains to say how different San Francisco’s exportation of its homeless is from Nevada’s, noting that we make sure our homeless are stable enough to travel alone and that there’s someone waiting for them on the other side before we send them to the bus station.

Sure, that’s better, but the basic concept is the same and it’s consistent with San Francisco basic approach toward much of its homeless population, for whom the city intentionally limits shelter beds and makes it difficult to get one and treats the resulting street population as a law enforcement issue.

Newsom was elected on his Care Not Cash promise to provide shelter and social services to the homeless, and it certainly did get many people who needed it into supportive housing. But the actual homeless problem is far worse and more systemic than that program (or feel-good gimmicks like Project Homeless Connect) can really address.

San Francisco should be leading the way in calling for this country to address the root causes of homelessness, as well as the related problems of poverty, exploitation of workers and natural resources, and a wasteful economic system that is cooking the planet and its biodiversity.

Instead, we’re leading the way in pushing unsustainable, technology-fueled economic growth with no regard for the byproducts of wealth generation by the privileged few, whether it be giving our homeless one-way bus tickets out of town, forcing our workers and nonprofits to seek reasonable rents elsewhere, undermining hard-won social compromises, or missing our own greenhouse gas reduction goals (today’s Examiner cover story).

We can — and we should — take greater responsibility for our city’s policies and prejudices and work to regain  the moral authority that we need to be an example for other cities and begin to advocate for needed reforms on the national and international levels.  

Heads Up: 8 must-see concerts this week

Tony Robles
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The Internet never forgets. I realized this yet again today after discovering the complete 1979 BBC documentary, Who Is Poly Styrene, and with the more globally appealing announcement that it looks like JT and the rest of the ‘N Sync gang will perform at MTV’s Video Music Awards, Sunday. Oh and Cher has a new video, which is her first in 12 years! There may be hope for you yet, Gotye (the coffee shop I was at this morning played his hit, which reminded me of his existence.) 

Anyways, this week (and slightly beyond), the Bay Area will host both legendary and up-and-coming must-sees, with the Melvins, Black Sabbath, My Bloody Valentine topping the list, along with Deerhunter and No Age, and newbies the Parmesans, the She’s, and Ovvl. All acts to catch if you have the chance (and you do, see below).

Here are your must-see shows: 

The She’s
“If you walked anywhere in the downtown area during July, you’re probably already familiar with the She’s. The band was featured by the Converse Represent campaign, and its image, pushing a drum kit up one of SF’s trademarked hills, has been boldly splashed around the city. Converse chose well. The She’s embody all the youth, DIY attitude, and vintage pop that San Francisco loves. Their debut album, appropriately titled Then It Starts To Feel Like Summer, retrofits dreamy ’60s pop with a crackling teenage energy (these ladies are still in high school) and they’re finishing up a much-anticipated EP, tentatively titled We’re not Best Coast (But They’re Cool Too). The band, which has credited much of its success to the open and supportive SF music scene, is giving back tonight at Bottom of the Hill, where it’s headlining this Save KUSF Benefit.” — Haley Zaremba
With the Yes Go’s, False Priest
Tue/20, $10, 9pm
Bottom of the Hill
1233 17th St, SF
www.bottomofthehill.com
http://www.youtube.com/watch?v=LoRGt9PjXGA

The Melvins
“And they said a stoner metal cover of Roxy Music’s “In Every Dream Home a Heartache” couldn’t be done. Well, sludge metal veterans the Melvins are here to prove them wrong. The longstanding band is making a voyage to Slim’s to play its 2013 cover album, Everybody Loves Sausages. Get ready for things to get a little weird and campy, as a bunch of middle aged dudes play a diverse selection of tunes throughout the ages. Embarking on their 30th anniversary tour, the Melvins will be playing songs by artists such as freak folk band the Fugs, the dear and departed drag queen Divine (John Waters’ muse), Queen, David Bowie, and the Jam. In short: don’t miss this hit parade.” — Erin Dage
With Honky
Thu/22, 9pm, $22
Slim’s
333 11th St, SF
(415) 255-0333
www.slimspresents.com
http://www.youtube.com/watch?v=z1mi_zvk0yQ

No Age
The newest album from LA noise-punks No Age, An Object, seems almost restrained compared to the bombast of previous records like 2010’s Everything in Between. With An Object, there’s a sense of tense build-up without release, tightly coiled guitar lines over paranoid drumming, and faraway hollers on the Sub Pop record, which comes out Aug. 20. Like much arty post-punk, it makes you feel like you’re holding your breath for the entirety of the tracks, unable to unclench. Relax and settle in: the experiment of An Object is a success, and the album is worthy of passionate intake. Continuing down the experimental route, the duo takes its live show to a more unexpected location this time: the Berkeley Art Museum and Pacific Film Archive. And if you miss this stop, No Age will be back in Oakland Sept. 28 for the Station to Station fest at 16th St. Station.
With Devin Gary and Ross, Sun Foot
Fri/23, 7:30pm (doors at 5pm), $7
Berkeley Art Museum and Pacific Film Archive
2625 Durant, Berk.
www.bampfa.berkeley
http://www.youtube.com/watch?v=ZVb4QyF8fDY

My Bloody Valentine
“This is the reunion for which we dared not hope. Until this year, My Bloody Valentine’s genre-defining masterstroke of the shoegaze movement, 1991’s Loveless, was the last we had heard from the Irish-English band, and as a result, it was canonized as one of those pristine, “perfect” albums, frozen in time and untainted by inferior follow-ups. And then, this past Groundhog Day, the unthinkable happened: after an excruciating, 22-year wait, and countless broken promises, bandleader Kevin Shields casually posted a new record, mbv, on the web, In Rainbows style, surprising his diehard fans with the legendary third album they had been hopelessly fantasizing about only a week before. This Friday, My Bloody Valentine will pay a visit to the Bill Graham Civic Auditorium for their first SF show since the early ’90s.” — Taylor Kaplan
With Beachwood Sparks, Lumerians
Fri/23, 8pm, $45
Bill Graham Civic Auditorium
99 Grove, SF
(415) 624-8900
www.billgrahamcivicauditorium.com
http://www.youtube.com/watch?v=FyYMzEplnfU

The Parmesans
Local countrified indie-folksters the Parmesans released their full-length debut, Wolf Eggs, this week. The record’s full of swoony multipart harmonies, plucky instruments, and a chipper sense of hot-sauced humor. All of that is on fine display in track, “Load Up on Eggs and Bacon,” which begins with a solo voice, “when I wake up/I feel shaken” then layered barbershop quartet-style with additional harmonies, “load up on eggs and bacon,” and the sound of an egg cracking. Add to that the strings of guitars and mandolins and banjos, bellowing trumpet, and a light and tight rhythm section. Then bake on high.. (Savage)
With Before the Brave, Garden Party, Greg Downing
Fri/23, 9pm, $10
Thee Parkside
1600 17th St, SF
www.theeparkside.com
http://www.youtube.com/watch?v=0Srcmhe1ogg

Ovvl
“If you’ve been to a local metal show in recent months, chances are Ovvl was on the bill. If not, there was probably an Ovvl member standing next to you in the crowd. But, hesher, stop now if you’ve been taking ’em for granted. With a new album and tours on the horizon, the four-piece is about to be mighty scarce around these parts.” — Cheryl Eddy
With Crag Dweller
Sat/24, 9pm, $5
Bender’s Bar and Grill
806 S. Van Ness, SF
www.bendersbar.com
http://www.youtube.com/watch?v=V6Up1tS8fOs

Black Sabbath
Before reality television and famous flame-haired wives, even before that bloody bat-biting incident, Ozzy Osbourne was simply a wild-eyed young boy from a hardscrabble town who, together with guitarist Tony Iommi and drummer Bill Ward, formed the world’s first heavy metal group. This year, Black Sabbath released its first new album together in decades, 13, a lumbering return to form produced by Rick Ruben. With it came instantly timeless first single, “God is dead?” an eight-minute metal epic. Beyond all the hype, myth, and druggy tabloid brouhaha, a vital band still stands before us, wicked as it ever was, and willing to crowd-please with old tracks mixed in with the new. According to live reviews of this headlining non-fest tour, the band has been opening with “War Pigs.”
Mon/26, 7:30pm, $40–$149.50
Shoreline Amphitheatre
One Amphitheatre Parkway, Mountain View
www.livenation.com
http://www.youtube.com/watch?v=OhhOU5FUPBE

Deerhunter
“Many who have flirted with musical greatness have also teetered on the fine line between eccentricity and insanity, and Deerhunter frontperson Bradford Cox is no exception. While the Atlanta band’s garage rock albums continue to receive glowing reviews and growing numbers of dedicated fans, Cox’s mental (in)stability has also been featured center stage in the group’s evolution. His charming eccentricities — rambling and semi-incoherent stage banter — are shadowed with more off-putting stunts, as when Cox responded to a fan’s snarky request for “My Sharona” with an hour-long cover of the song in Minneapolis. A Deerhunter show is many things — insane, beautiful, confusing, and frequently very moving — but there is one thing it will never manage to be. Bradford Cox will never be boring.” — Haley Zaremba
With Lonnie Holley, Avey Tare’s Slasher Flicks
Mon/26, 8pm, $21
Great American Music Hall
859 O’Farrell, SF
(415) 885-0750
www.slimspresents.com
http://www.youtube.com/watch?v=G5RzpPrOd-4

Attorneys debate toxic turf during Beach Chalet project opponents’ last stand

Sasha Cuttler
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Attorneys debate toxic turf during Beach Chalet project opponents’ last stand

Opponents of a city plan to install artificial turf soccer fields and stadium lights at the Beach Chalet soccer fields in Golden Gate Park — after losing at every stage of the project’s approval process — had their day in court Friday, beginning what could be their last chance: to have a judge block the project.

“I wouldn’t be surprised if these were the most heavily scrutinized soccer fields in the country,” attorney James Emery, who is representing the city and the project, said as he started off his opening arguments to defeat the lawsuit.

Groups including the SF Coalition for Children’s Outdoor Play and the Sierra Club’s San Francisco Bay Chapter filed a lawsuit based on the claim that the city violated the California Environmental Quality Act when it chose to use what the plaintiffs lawyers describe as “toxic turf.”

The main argument on the plaintiff’s side was that the styrene-butadiene rubber (SBR) that will be used for the fields is inherently toxic. Other arguments included the lack of hybrid alternatives on the Environmental Impact Report conducted for the fields, as well as deletion of emails by a city department.

Plaintiffs attorney Vernon Grigg started off with the assertion that the SBR turf being used for the soccer fields is made from crushed up tires “that aren’t even allowed in a landfill without a permit,” and that the EIR failed to offer other alternatives such as carpet pad rubber or cork.

His co-counsel Richard Drury also pointed out that SBR turf has a 18.8 in a million chance of causing cancer, exceeding the significant threshold of 10 in a million the Bay Area Air Quality Management District (BAAQMD) adopted in 2010.

Attorney Scott Emblidge, another lawyer contracted by the city on the case, said that wasn’t a standard that the city has adopted, criticizing the oft-repeated point by saying, “San Francisco has not formally adopted significance standards, though they have said it 17 times in their opening brief.”

But Drury emphasized that the city is compelled by CEQA to consider a less toxic option. “There are no alternatives to less toxic turf,” Drury said. “It wouldn’t have been hard for them to do that — they just didn’t do it.”

But Emblidge said the EIR didn’t identify the turf choice as significantly toxic, a point Drury disputed.  

“The EIR does mention alternative forms, and does discuss alternative turf composition,” Drury said. “They consistently covered that there were significant health effects. There’s lots of speculation, but nothing that truly shows it.”

Other points were made that people within the Recreation and Parks Department were deleting emails related to the project, but coverage on that subject ran short as Judge Teri L. Jackson had to leave the court because of other engagements.

Attorneys for both sides are scheduleed to meet on Wednesday to be questioned further by Jackson.

Plan Bay Area takes legal punches from the left and right

Sasha Cuttler
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Plan Bay Area takes legal punches from the left and right

Plan Bay Area, the regional strategy to funnel future population growth into San Francisco and other big cities in order to combat climate change, is now being slammed with legal challenges from both sides of the ideological spetrum.

Those left-right punches could knock out a plan that critics called a schizophrenic attempt to accomplish competing goals with inadequate resources and resolve. For example, it created incentives to increase housing density along transit lines, but it did little to limit private automobile use, make that housing affordable by people who do use transit, or address the displacement of existing urban populations.

Earthjustice, Communities for a Better Environment, and the Sierra Club today filed a lawsuit in Alameda Couty Superior Court challenging Plan Bay Area’s recent approval by the Metropolitan Transportation Commission and the Association of Bay Area Governments.

That lawsuit follows one filed Friday with the same court by the Building Industry Association of the Bay Area. And those two suits follow another one filed Aug. 6 by the conservative Sacramento law firm Pacific Legal Foundation on behalf of a group calling itself Bay Area Citizens.

While that first lawsuit from the Tea Party crowd criticizes the very idea of regional planning and the validity of addressing global warming, these latest two lawsuits basically call out Plan Bay Area and its supporters for not going far enough to address the goals laid out in the plan.

Earthjustice and the community groups it works with criticize Plan Bay Area for disrupting Bay Area communities with an accelerated growth plan that doesn’t address environmental justice issues like those faced by West Oakland residents, whose air quality would be worsened by an influx of automobile traffic.   

 “The people of the Bay Area take pride in living in one of the most diverse, culturally and economically vibrant metropolitan areas in the world. We demand smart planning for growth—the kind that improves our quality of life, makes life easier and less expensive for residents all over the Bay Area, and allows our communities to thrive and grow,” Irene Gutierrez, Earthjustice associate attorney, said in a press release. “This requires responsible planning that reduces climate change pollution, plans for smart public transit growth, avoids toxic zones, and dirty and harmful air quality. Plan Bay Area does not achieve those goals. The people of the Bay Area deserve a much better plan.”

And Bay Area developers are focused on how the plan calls for more transit-oriented development without investing in the public infrastructure needed to serve it, criticizing the state legislation behind Plan Bay Area that relaxes the environmental studies of projects in transportation corridors.

“SB 375 calls on the Bay Area and other regions of California to integrate residential and transportation planning in ways that fully accommodate their housing need and in ways that allow for reduced reliance on and emissions from passenger vehicles,” said Bob Glover, executive officer of BIA | Bay Area. “Plan Bay Area is a cop out.  It neither plans for enough housing nor provides a reasonable path for developing it and therefore looks a lot more like a pulling up of the draw bridge than a sustainable communities strategy.”

To learn more about Plan Bay Area, you can read our May cover story, “Planning for Displacement,” or the coverage of a public forum that we and other groups sponsorerd.

Celebrating food (and the food biz) at La Cocina’s Food and Entrepreneurship Conference

Sue Vaughan
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La Cocina — known for its ability to break down cultural barriers through food and for aiding low-income food entrepreneurs in their journey to sustainability — drew many fresh faces to its fourth annual Food and Entrepreneurship Conference Sun/18. The conference wrapped up a busy weekend for the organization, which also hosted the fifth annual San Francisco Street Food Festival Sat/17.

The all-day conference, held at SOMArts Cultural Center, was a mixing bowl of talented women cooks, curious food-business pioneers, new volunteers, and delicious food. Needless to say, the atmosphere was buzzing.

The theme was centered around work, women, and food. Three panels throughout the day featured business owners, food writers, and urban food-access coordinators, who discussed their inspirations for cooking, how to catch a food writer’s attention, and how to provide affordable food to urban landscapes, among other topics.

Carlos Rivera, director of Radio Laser Los Angeles, a family-centered Latino radio station based in Los Angeles, said he came to soak up La Cocina’s mission and hopes to spread it in the LA area.

“We’re discovering what they’re doing here. The most important thing is culture,” he said, adding that the LA area would benefit tremendously from La Cocina’s services. “There is a division of culture. We [Los Angeles] will need three or four La Cocinas. Thousands of people come to these seminars, but only a few catch the idea — culinary culture with fresh, healthy foods.”

The sharing of cultures is one goal that La Cocina and the businesses within it hit dead-on. It’s certainly true of Chiefo Chukwudebe, chef and owner of Chiefo’s Kitchen, with wares available at La Cocina’s Ferry Building kiosk, among other locations.

Chukwudebe spoke at the event about her culinary journey and her inspirations. She specializes in home-cooked Nigerian dishes like grilled suya chicken (“marinated in fresh ginger garlic and roasted peanut sauce and coated with West African peanut pepper spice rub,” according to the Chiefo’s Kitchen website). Another customer favorite is her take on Scotch eggs.

“Not a lot of people know about Nigerian food,” said Chukwudebe, who’s been with La Cocina for three years. “Most of what they know [about Nigeria] is from the news. But the best way to get to know a culture is through food. My goal is to bring the best of West Africa to the Bay Area. I want people to taste Africa, to taste the sunshine. There’s more to food than what’s on the plate.”

She is glad to be a part of La Cocina and said the business brings the issues of food to the forefront, and above all, provides her with a network of fellow cooks and owners.

“Most important to me is the community of women business owners providing support,” she said. “It’s hard work, but I wouldn’t change it.”

The event drew in people who are new to the food business and others who hope to jump in soon, including an Oakland resident who preferred not to give her name for professional reasons. She hopes to quit her job and start a community food space, kitchen, and market place in Oakland later this year, and she’s enjoyed drawing up ambitious plans for her future sustainable food business.

“It’s been fun connecting with people who are excited about making it happen,” she said, noting that she was inspired by the food owner speakers at the event. “People are doing pieces of what I want to do.”

Throughout the day, between panels and during coffee breaks, there was lots of upbeat chatter and excited conversations. Anna Rakoczy, a new business owner and founder of Homemade, an organization that holds weekly healthy cooking meet ups for sustainable weight loss, was especially enthused about the event. La Cocina, she noted, “helps entrepreneurs who are cooking real food with real ingredients.”

To the fit Stanford graduate, helping others become healthy is not just a job. “For me, to actually show people how easy it is to achieve weight loss and a sustainable lifestyle just by eating delicious, healthy, natural, real food … that, for me, is so inspiring and exciting,” said Rakoczy.

Luis Gonzales, a Treasure Island resident who volunteered at the event, aptly captured the spirit of La Cocina, and its small food businesses. “People look for homemade food and the public helps them [small food businesses] survive,” he said. “It’s like a symbiotic relationship.”

RIP Jose Sarria, Empress I of SF, the Widow Norton

Jesse Hawthorne Ficks
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RIP Jose Sarria, Empress I of SF, the Widow Norton

He led a life that spanned the full evolution of modern gay rights — and the mourning gowns will be fabulous. Jose Julio Sarria is dead at 90, all hail the Empress. 

 

Dick Meister: Still dreaming of justice

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Dick Meister is a San Francisco-based columnist who has covered labor and politics for more than a half-century.  Contact him through his website,www.dickmeister.com, which includes more than 350 of his columns.

Think back to Aug. 28, 1963.  More than a quarter-million labor and civil rights activists led by Martin Luther King Jr. march onto the National Mall in Washington, D.C., to demand good jobs at decent wages and strict enforcement and expansion of the laws guaranteeing meaningful civil and economic rights to all Americans.

The demands, spelled out in Dr. King’s famous “I have a Dream” speech that day,  will be forcefully raised once again by  a fiftieth  anniversary March from the Lincoln Memorial  to the King Memorial  on the  Mall  this August 24.

The 2013 march has been called for very good reason: The need for greatly strengthened labor and civil rights is at least as urgent today as it was in 1963. By any measure, the 1963 March was a huge success. It had a direct and strong influence on the enactment a year later of laws prohibiting discrimination in public accommodations and the passage two years later of the Voting Rights Act that enabled many African -Americans to freely cast ballots for the first time.

But despite the successes that followed the march, the nation once again faces severe economic and social problems. Consider:

*Voter suppression has become a serious problem once more, with several
states imposing new restrictions on the right to vote that have been upheld
in court.

*Unemployment remains notably high, particularly among African-American
workers, and young workers generally, even as a great need for workers to
rebuild the nation’s crumbling transportation and energy infrastructure
continues to mount.

*Jobless workers now, as then, need much more government aid, with
unemployment insurance payments averaging only $300 a week.  Many workers
who manage to find jobs are able to work only part-time or only temporarily,
and for less pay than they made on previous jobs.

*Millions of women workers face blatant job discrimination, as do older
workers, the young and African-American workers in general. They often are
paid less than others doing the same work, and often are denied promotions
that they’ve earned. Women sometimes face sexual harassment as well.
*Millions of workers, male and female alike, are forced to live on
poverty-level pay, including those workers making the grossly inadequate
federal minimum wage of $7.25 an hour. Many of the country’s fast-food
workers are lucky if they make even that.

*Millions lack paid sick leave needed to care for sick children and other
family members and to keep them from having to work when ill and endanger
the health of others as well as themselves.

*Public employees, who perform some of the country’s most vital work, are
under steady attack by politicians and others who seize on them as
scapegoats by blaming the workers, many of them women and people of color,
for the economic problems that beset government at all levels. They strive
mightily to cut the employees ‘pay and pensions and other benefits and mute
their political and economic voices.

*Income inequality is a severe problem. The gap between the haves and
have-nots is downright spectacular. A recent study by the Economic Policy
Institute showed, for instance, that the CEOs of major companies make on
average about 273 times more than the average worker. That’s right ­­
average executive pay is almost three times  the average pay of ordinary
workers. Are those who direct work really worth so much more than those who
actually do the work?

 *Thousands of workers are endangered by lax enforcement of job safety laws,
thousands shortchanged by employers who fail to pay them what they’ve been
promised and clearly earned.

*Anti-labor employers openly violate laws that promise workers the right of
unionization that would enable them to effectively try to improve their
inadequate pay and working conditions. That’s one of the key reasons the
share of workers in unions has declined to a 97-year low of barely 11
percent.

*Despite the rise of Cesar Chavez and the United Farm Workers union, the
men, women ­-and too often children — who harvest the food that sustains us
all are barely surviving on their poverty level wages.

*Free trade agreements and the offshoring of U.S. jobs have led to the loss
of millions of domestic jobs.

President Clayola Brown of the AFL-CIO’s A. Philip Randolph Institute, a key
2013 march sponsor named for the leader of the 1963 march, notes that as in
1963, “the job situation is deplorable. Today, we have 30-year-old people
who have never had a full-time job in their lives.”

Brown will be among the thousands of union and civil rights advocates who,
like the marchers 50 years ago, are expected to gather on the National
Mall Aug. 24 to raise their demands for justice, as they march from one to
the other of the sculpted likenesses of two of the greatest advocates of
social and economic justice who’ve ever lived.

Dick Meister is a San Francisco-based columnist who has covered labor and
politics for more than a half-century.  Contact him through his website,
www.dickmeister.com, which includes more than
350 of his columns.    Copyright 2013 Dick Meister.

(Bruce B. Brugmann writes and edits the Bruce Blog on the San Francisco Bay Guardian website. He is the editor at large and former editor and co-founder and co-publisher with his wife Jean Dibble of the SF Bay Guardian, 1966-2012.)

America’s Cup organizers sell small-scale naming rights at Pier 27 to pay their debt to the city

Sasha Cuttler
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The Port Commission has approved a proposal by the America’s Cup Organizing Committee (ACOC) to sell bricks, benches, and other assets at Pier 27 to offset budget shortfalls, but community activists fear that corporate naming rights are undermining plans for a public recreation space.

A presentation at the Tuesday meeting by Kyri McClellan, the former city staffer who now serves as CEO of the ACOC, and Mike Martin of the Office of Economic and Workforce Development outlined the sale of up to 1,000 bricks to be set in pathways and 72 benches to dot the Northeast Wharf Plaza, which will bear the names of donors. Benches will be priced at $25,000, which McClellan cited as the going rate at other high-profile locations throughout the city.

McClellan emphasized that “none of what we’re proposing today as a pilot program includes what may previously have been alluded to as naming rights for this particular park, the piers, or the buildings.”

Milo Hanke and Alex Walker of San Francisco Beautiful, a local advocacy organization, didn’t have a problem with the smaller scale elements of the ACOC proposal. “The tiles and the bricks that are being offered here for $150, $300, for instance,” Hanke told the crowd, “that’s a gratifying opportunity for ordinary citizens who have already invested in our port to volunteer to express additional support for this proud port.”

But Hanke and Walker expressed concern about bigger ticket items that McClellan addressed with less specificity. “We want to make sure that this is a thing that’s going to be place-making and not place-taking,” commented Walker.

In addition to bricks and benches, the wharf’s lawn and adjacent walkway, an open plaza area, and a point at the pier’s end are earmarked for recognition of donors. So too are an event space and an exterior concourse on the second floor of the James R. Herman Passenger Cruise Terminal, slated to open at Pier 27 next spring.

“Corporate naming rights,” explained Hanke, “come with an intangible cost and I think that, given San Franciscans’ historic aversion to excess commercialization of our public realm, corporate naming rights are well worth taking a bypass on.”

Diagrams presented by ACOC did not include detailed renderings of larger donor fulfillments or clarification as to whether recognition would be restricted to individual and foundational donors and off limits to more commercial interests. “There is concern,” said Hanke, “of a creeping naming rights program if large areas are named for corporations.”

Pulling in $500,000 to $2.5 million a piece, however, bigger structures may be the revenue drivers ACOC is desperately seeking. As part of its host agreement with San Francisco, the organization is obligated to help offset the city’s expenses incurred in event preparations and operations.

Luckily, the race’s outsized budget is expected to be less than the $32 million originally projected, due to the paltry number of teams competing (four at last count) and the resulting decrease in spectatorship. Still, the ACOC needs to come up with as much as $20 million – a debt burden that’s got Mayor Ed Lee personally stumping in the fundraising effort. The fundraising flop belies early promises that the city would make money hosting the event.

San Francisco voters approved Proposition B last November, authorizing the city to apply public funds towards repairs and redevelopment of recreational spaces. The fact that the Northeast Wharf Plaza was a named site in that bond measure isn’t the only reason community activists are demanding to know what assets on its piers are being auctioned off and who’s buying them.

According to Jon Golinger, a spokesman for the Northeast Waterfront Advisory Group, the San Francisco Waterfront Special Area Plan limited development on the Pier 27 plaza until a 2000 amendment lifted port restrictions in exchange for guarantees of public recreation areas.

Since then, “we’ve been paying close attention to this park. It’s particularly needed and a long time coming,” explained Golinger, who said there’s been no citizen review of the ACOC’s donor recognition program proposal.

Neighborhood organizations hope ACOC’s tag sale of infrastructure doesn’t torpedo use plans for land long ago promised as a public recreation area. Golinger would like to see features like a kids’ play area, a dog run, and exercise equipment for seniors included in the final design – whether or not they are lucrative to race organizers now.

“After the Cup is done in October, it should look, feel, and be used like a true public park,” Golinger said of the plaza. “This corner of town is the most densely packed part of San Francisco with the fewest recreation areas per capita…. [the plaza] should be part of the neighborhood as opposed to a corporate event venue.”

The promise of infrastructure improvements was one reason the city of San Francisco agreed to host the America’s Cup race in the first place. Residents are now left to hope that ACOC won’t forgo investments of lasting civic value for single-use vanity projects intended to float its budget deficit.

Concluding the discussion of the ACOC’s proposal on Tuesday, Port Commissioner Leslie Katz offered assurances that, “we’ll definitely oversee and be mindful of the aesthetics of anything going forward… This is not a selling off of the port, but really an opportunity to thank and acknowledge those that have allowed us to move forward.”

This opportunity, of course, assumes that donors actually surface. Mayoral spokesperson Christine Falvey said, “We will learn from [this] effort about how we can raise private dollars to improve our waterfront and engage city residents in the effort.”

If ACOC’s efforts to court private dollars from city residents aren’t fruitful, however, taxpayers-turned-debt-collectors may have no option but to sign former District 3 Supervisor Aaron Peskin’s online petition and to demand that America’s Cup billionaire defending champion Larry Ellison pick up the tab for his boat race all by himself.

Never enough hours in the weekend to see all these NEW MOVIES

Sue Vaughan
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Quite a few openings this week, although it seems like 10-plus new movies is becoming the norm these days. (At least there’s no big film festival to distract you from the regular ol’ cinema at the moment.) In the spirit of efficiency I did a combo-platter review of sci-fi chiller Europa Report; Johnnie To’s latest, Drug War; Tenebre, a 1982 Dario Argento giallo that’s screening at the Roxie tonight; and doc Adjust Your Tracking: The Untold Story of the VHS Collector, which plays the Balboa. Also at length, Dennis Harvey takes a look at Shirley Clarke’s freshly restored 1967 doc Portrait of Jason, also screening at the Roxie.

Ain’t enough for you? Read on for Kick-Ass 2, Jobs, and more on the week’s fresh crop of flicks.

http://www.youtube.com/watch?v=X7MdQjqRjyw

The Artist and the Model The horror of the blank page, the raw sensuality of marble, and the fresh-meat attraction of a new model — just a few of the starting points for this thoughtful narrative about an elderly sculptor finding and shaping his possibly finest and final muse. Bedraggled and homeless beauty Mercè (Aida Folch) washes up in a small French town in the waning days of World War II and is taken in by a kindly woman (Claudia Cardinale), who seems intent on pleasantly pimping her out as a nude model to her artist husband (Jean Rochefort). As his former model, she knows Mercè has the type of body he likes — and that she’s capable of restoring his powers, in more ways than one, if you know what I mean. Yet this film by Fernando Trueba (1992’s Belle Époque) isn’t that kind of movie, with those kinds of models, especially when Mercè turns out to have more on her mind than mere pleasure. Done up in a lustrous, sunlit black and white that recalls 1957’s Wild Strawberries, The Artist and the Model instead offers a steady, respectful, and loving peek into a process, and unique relationship, with just a touch of poetry. (1:41) (Kimberly Chun)

http://www.youtube.com/watch?v=0O7b4nTRy2A

Blue Exorcist: The Movie Though it’s spawned from Kazue Kato’s manga-turned-TV-series, familiarity with the source material is not necessary to enjoy Blue Exorcist: The Movie‘s supernatural charms. Set in True Cross Academy Town — named for the Hogwarts-ish school of exorcism at its center — the film opens with a folk tale about an adorable demon that wrecked an entire town by turning all of its inhabitants into lazy slackers. The creature was eventually captured, but nobody knows where it’s been hiding — until boyish exorcist-in-training Rin, half-demon himself, encounters a suspiciously adorable critter while chasing yet another demon, this one huge and prone to damaging city blocks (and cracking open things that should remain sealed in the process). Trouble ahead! Blue Exorcist does contain some yep-this-is-anime moments (there’s a powerful female exorcist … who wears a tiny bikini top that barely contains her enormous bazongas), but it’s mostly fun fantasy, with a sly sense of humor (“Let’s put a beatdown on these Tokyo demons!”) and some endearingly flawed heroes. (1:28) Four Star. (Cheryl Eddy)

http://www.youtube.com/watch?v=BpFNTvA93iY

In a World… Lake Bell (Childrens Hospital, How to Make It in America) writes, directs, and stars in this comedy about a women who sets her sights on a career in movie-trailer voiceovers. (1:33)

http://www.youtube.com/watch?v=3tDHH1eXKmA

Jobs With the upcoming Aaron Sorkin adaptation of Walter Isaacson’s biography nipping at its heels, Jobs feels like a quickie — true to Silicon Valley form, someone realized that the first to ship can end up defining the market. But as this independent biopic goes for each easy cliché and facile cinematic device, you can practically hear Steve Jobs himself spinning in the ether somewhere. Ashton Kutcher as Jobs lectures us over and over again about the virtues of quality product, but little seemed to have penetrated director Joshua Michael Stern as he distracts with a schmaltzy score (he should have stuck to Bob Dylan, Joe Walsh, and era-defining AOR), and relies on corny slow-motion to dramatize the passing of a circuit board. The fact that Kutcher might be the best thing here — he clearly throws himself into impersonating the Apple icon, from his intense, upward-glancing glare to his hand gestures — says a bit about the film itself, as it coasts on its self-made man-captain of enterprise narrative arc. Dispensing with much about the man Jobs became outside of Apple, apart from a few nods to his unsavory neglect of friends and offspring, and simply never acknowledging his work at, say, Pixar, Jobs, in the end, comes off as a lengthy infomercial for the Cupertino heavyweight. (2:02) (Kimberly Chun)

Kick-Ass 2 Even an ass-kicking subversive take on superherodom runs the risk of getting its rump tested, toasted, roasted — and found wanting. Too bad the exhilaratingly smarty-pants, somewhat mean-spirited Kick-Ass (2010), the brighter spot in a year of superhero-questioning flicks (see also: Super), has gotten sucker-punched in all the most predictable ways in its latest incarnation. Dave, aka Kick-Ass (Aaron Taylor-Johnson), and Mindy, otherwise known as Hit-Girl (Chloë Grace Moretz), are only half-heartedly attempting to live normal lives: they’re training on the sly, mostly because Mindy’s new guardian, Detective Marcus Williams (Morris Chestnut), is determined to restore her childhood. Little does he realize that Mindy only comes alive when she pretends she’s battling ninjas at cheerleader tryouts — or is giving her skills a workout by unhanding, literally and gleefully, a robber. Kick-Ass is a little unnerved by her semi-psychotic enthusiasm for crushing bad guys, but he’s crushing, too, on Mindy, until Marcus catches her in the Hit-Girl act and grounds her in real life, where she has to deal with some really nasty characters: the most popular girls in school. So Kick-Ass hooks up with a motley team of would-be heroes inspired by his example, led Colonel Stars and Stripes (an almost unrecognizable Jim Carrey), while old frenemy Chris, aka Red Mist (Christopher Mintz-Plasse) begins to find his real calling — as a supervillain he dubs the Motherfucker — and starts to assemble his own gang of baddies. Unlike the first movie, which passed the whip-smart wisecracks around equally, Mintz-Plasse and enabler-bodyguard Javier (John Leguizamo) get most of the choice lines here. Otherwise, the vigilante action gets pretty grimly routine, in a roof-battling, punch-’em-up kind of way. A romance seems to be budding between our two young superfriends, but let’s skip part three — I’d rather read about it in the funny pages. (1:43) (Kimberly Chun)

http://www.youtube.com/watch?v=9uBXH_DLxsU

Lee Daniels’ The Butler Forest Whitaker stars as the White House’s longtime butler in this based-on-a-true-story tale, with the added bonus of some creative POTUS casting (John Cusack as Richard Nixon; Alan Rickman as Ronald Reagan; Robin Williams as Dwight Eisenhower). (1:53)

http://www.youtube.com/watch?v=3-mO5AMZDMo

Paranoia A young go-getter (Liam Hemsworth) gets drawn into the world of corporate espionage thanks to a feud between evil tech billionaires (Harrison Ford and Gary Oldman). (1:46)

Tragedies remind us to pay attention and share the roads

Sasha Cuttler
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Tragedies remind us to pay attention and share the roads

A pair of tragic news items involving bicyclists in San Francisco — one cyclist a victim, another a perpetrator — illustrates the need for all of us to slow down, pay attention, and safely and respectfully share the roadways of this crowded city.

The victim of yesterday’s fatal collision between a truck and bicyclist at Folsom and 6th Streets — in which the motorist turned right across the path of cyclist in a bike lane, but was inexplicably yet not surprisingly not cited by police — was today revealed to be 24-year-old Amelie Le Moullac.

Meanwhile, 37-year-old cyclist Chris Bucchere was today sentenced to 1,000 hours of community service and three years probation after pleading guilty to felony vehicular manslaughter after last year trying to beat a red light at Castro and Market streets and fatally striking elderly pedestrian Sutchi Hui.

“Motorists, pedestrians, and bicyclists must share the road in a responsible way because there are dire consequences when traffic laws are disregarded,” District Attorney George Gascon said today after Bucchere’s sentencing.

Both of these incidents were sad for all concerned, and they should remind us to be responsible and attentive travelers, a lesson that we could all use. Everyday on my bike commute home, I see motorists running red lights or darting heedlessly around obstacles, risking people’s lives to save seconds of their days; cyclists impatiently edging their way past pedestrians; and pedestrians stepping out into traffic without looking around them, often because they’re absorbed by their smartphones.

We’re all guilty of bad behavior on the roadways at times, myself included, so I’m not going to presume to stereotype any particular group of road users (I’ll leave that to the trolls). But when we hear about terrible tragedies like these, it’s good to take a moment to reflect on our own behavior and do what we can to civilly share our civic spaces, particularly when wielding the deadly weapons of a fast-moving bicycle or an automobile moving at any speed.  

SF Democratic Party opposes developers’ 8 Washington initiative

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On Wed/14, members of the San Francisco Democratic County Central Committee voted 14-6 to oppose Proposition B, a San Francisco ballot measure backed by the developers of a luxury waterfront development project, 8 Washington. Ten DCCC members abstained, while two voted “no endorsement.” Prop. B seeks voter approval for the waterfront development, which has become a flashpoint in San Francisco politics.

The 134-unit condominium complex, which will offer units in the $5 million range, already won approval from the San Francisco Board of Supervisors last June. But 8 Washington developers launched the Prop. B initiative in response to Prop. C, a referendum backed by oppositional campaign “No Wall on the Waterfront.” In May, the DCCC made an early endorsement against Prop. C, essentially siding with project opponents in declaring opposition to 8 Washington.

It’s easy to get Props. B and C confused. The campaign against 8 Washington is called “No Wall on the Waterfront,” while the developer-backed campaign favoring construction has been dubbed “Open up the Waterfront.” From opponents’ perspective, it almost doesn’t matter if voters bother to sort out which is which. Now with the support of the DCCC, they are urging a “no” vote on each.

Last week we told you about a campaign video produced by 8 Washington developers that had attracted some controversy. Here’s a campaign video produced by 8 Washington opponents, featuring former San Francisco Mayor Art Agnos. The pitch makes sound like the San Francisco waterfront will morph into Miami Beach if 8 Washington moves forward. You have to admit it’s a stretch.

Outside Lands 2013 winners (Paul McCartney, Chic, Bombino) and losers

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Hall & Oates, or Trombone Shorty? Willie Nelson, or Vampire Weekend? This year’s Outside Lands presented its 65,000 attendees with some perplexing choices, resulting in what might’ve been the festival’s most eclectic lineup of its now six-year run. As always, Golden Gate Park was a most picturesque venue, with patches of sunlight punctuating the heavy fog, great nighttime atmosphere provided by the purply-lit trees, and a generous smattering of what Grizzly Bear’s Edward Droste called, “the bougiest food stands I’ve ever seen at a festival.”

Now, without further adieu, here’s a rundown of several acts that’ve left me beaming in the days since Outside Lands came to a close:

BEST OF THE BEST:

Paul McCartney
“How many people have learned to play that one on guitar?” Paul McCartney asked his enraptured audience after a beautiful solo performance of “Blackbird.” (A sea of hands went up, of course.) Watching the crowd’s reactions to McCartney’s most indelible songs, ranging from ecstatic to reflective, it was obvious: this music really means things to people.

Much like Stevie Wonder last year, Sir Paul delivered an unrelenting hit parade on Friday night, delving into the Beatles and Wings back-catalogues for three hours (!) of immediately recognizable songs, pulled directly from the audience’s collective consciousness, and relayed back again. Sure, McCartney’s stadium-ready backing band has largely sterilized the exploratory wildness of the Beatles’ post-mop-top sound, but what a joy it was to be serenaded by the elder statesman of rock ‘n’ roll, giving it his all at the ripe old age of 71.

McCartney was shrewd to forgo his newer material (honestly, who came to hear that anyway?), in favor of Beatles and Wings songs, ranging from black-tie pop ditties like “Eight Days a Week,” and “Paperback Writer,” (performed on the very guitar he wrote it on), to the explosive, technicolor invention of “Being For the Benefit of Mr. Kite,” and “Magical Mystery Tour,” to wistful ballads like “Yesterday,” (which featured the Kronos Quartet on strings, no less) to the giddy excess of “Helter Skelter” and “Live and Let Die.”

It was surreal to be in the presence of such a towering cultural figure, especially as he rattled off casual anecdotes about hanging with Hendrix and Clapton. Despite his stature, though, McCartney’s stage presence was utterly charming, and the rousing singalong he initiated to his ultimate anthem, “Hey Jude,” was the festival’s most communal moment.

Chic
Faced with the unenviable task of filling a D’Angelo sized void (the neo-soul comeback king cancelled his Friday night appearance at the last minute for unspecified health reasons), Chic hopped onstage with an arsenal of disco-funk party jams, and drove the crowd wild. On any Outside Lands bill before this one, Chic might’ve been disregarded as a throwback novelty act, but considering bandleader Nile Rodgers’ high-profile rhythm guitar work on “Get Lucky,” Daft Punk’s “anthem of the summer,” the entire crowd, young and old, had something to be excited about.

Dressed in white, head to toe, Rodgers’ impeccably tight backing band ripped through a number of Chic originals (“Good Times,” “Le Freak”) as well as a handful of his productions for other artists: most notably Diana Ross’ “I’m Coming Out” and David Bowie’s “Let’s Dance.” Rodgers’ ultra-syncopated rhythm guitar cut through the fabric of each song, and fascinatingly, the looming shadow of “Get Lucky” seemed to place his ever-modular approach to the instrument in a new, fashionable context.

Bombino
Much like Tinariwen, another group from the Tuareg region of West Africa that’s garnered intercontinental attention, Bombino of Niger injects the skipping rhythms and flickering melodies of their homeland’s folk music with a dose of unmistakably Western groove: namely, psychedelic rock and American blues. Bandleader Omara Mochtar hardly spoke a word to the audience, but his lively, smiley stage presence was endearing, especially as he delivered flaming guitar licks that would perk up Hendrix’s ears.

While Bombino’s hooks and melodies were certainly involving, the real magic was in those woozy, hypnotic grooves, often suggestive of the Grateful Dead at its most transportive. Dressed in traditional garb, and reveling in the power of extended jams, Bombino’s set was a welcome departure from the indie rock/EDM same-yness Outside Lands is prone to suffer from.

Nine Inch Nails
Trent Reznor is totally buff now. He looks like the kind of gym-rat who might bully the creator of Pretty Hate Machine for his lunch money. But more notably, he’s sober, happily married, and seems invigorated by the prospect of revisiting his ’90s project that introduced industrial music to the pop mainstream. Reznor and Co. took the stage with great conviction on Saturday night, making an assertive case for NIN 2.0’s relevance in the restructured music world of 2013.

Sure, Reznor’s dream-team touring lineup didn’t quite materialize (King Crimson guitarist Adrian Belew and Eric Avery, the bassist of Jane’s Addiction dropped out early on, citing creative differences), yet his backing band was airtight and incredibly versatile, folding marimbas and even Chinese violins into the usual rock band instrumentation, and resulting in some of the most compelling sonics of the whole weekend. With computer guru Josh Eustis (formerly of Telefon Tel Aviv) on board, NIN’s electronics were richer in detail than ever.

The band’s forceful renditions of bangers such as “Head Like a Hole,” “The Hand That Feeds,” and “Closer” channeled the catharsis that runs through Reznor’s music like a freight train. “Something I Can Never Have,” was the subdued ballad of the night: dramatic and moodily lit, but never contrived or unintentionally goofy. “Hurt,” put the entire audience in singalong mode, suggesting a twisted spin on Pink Floyd’s communal anthem, “Wish You Were Here.” New songs, “Copy of A” and “Come Back Haunted,” were engaging and strong, portraying a band too inspired to lean on its past achievements.                   

As far as spectacle goes, NIN trounced any and all competition. Constantly wheeling instruments and projection screens around, the band utilized the depth of the stage unlike any festival band I’ve ever seen.

It’s always inspiring to see a band return to form with such strength of purpose; between the fantastic visuals, the band’s versatility, and Reznor’s newfound vigor, NIN initiated an astounding return on Saturday night, maybe even turning a new generation of EDM kids on to their brand of industrial menace.

RUNNERS UP:

Jurassic 5 made an explosive comeback after more than five years off the radar. Rappers Chali 2na, Akil, Zaakir, and Mark 7even laid down verses that bounced effortlessly off each other, with DJs Nu-Mark and Cut Chemist providing a thick, but minimal, backbone. The LA-based group delivered one of the most downright fun sets of the entire festival, filling Outside Lands’ glaring hip-hop void with boundless energy.

Willie Nelson was warm and welcoming as ever, with his family band in tow, and a rasp to his Lou Reed-ish speak-singing delivery that’s only grown more endearing with age. “Always On My Mind,” was especially tender, and made me want to give the ponytailed icon a big hug.

Grizzly Bear has a tendency to take the stage with an off-putting sense of self-importance, like the fastidious pastel-wearers their critics accuse them of sounding like. Unlike their uptight performance at the Fox Theater in Oakland last year, the Brooklyn quartet seemed to let loose in the festival environment. The results were fiery, especially on Shields’ dynamic closer, “Sun In Your Eyes.”

Hall & Oates took the stage authoritatively with their signature brand of agreeable soft rock, but more interesting was the crowd’s reaction: many older audience members seemed to take their music at face value, while younger attendees seemed torn between sincere and ironic appreciation.

Jessie Ware‘s vocal prowess, and the quality of her nu-R&B productions, suggest a self-serious performer, but her jokey, self-deprecating stage persona resulted in a disarming, hugely engaging set. A cover of Marvin Gaye’s “I Want You,” thrown in the middle of her groove-laden “No To Love” was an especially nice surprise.

COMPLAINTS:

The National delivered some heartfelt ballads on rust-belt hopelessness, and alcoholism, among other things, and went so far as to bring the Kronos Quartet and Bob Weir on stage. While their set might’ve been incredibly involving in a smaller, indoor venue, something about the band’s intimate songs being performed in the social-media-playground environment of the Lands End stage felt very off.

Vampire Weekend has noticeably beefed up its sound, and grown less insufferably twee since debuting in 2009, but the cutesy, Ivy-League preppiness that continues to draw fans to Ezra Koenig and his Columbia brethren still repels me. Like this year’s much lauded LP Modern Vampires of the City, their set wasn’t exactly “bad,” but that’s the most I have to say for it.

Rudimental surely meant well. The nine-piece, UK based, drum ‘n’ bass-inflected pop ensemble brought infectious energy to the stage, but the result was overwrought and heavy-handed, resembling a busy plate of fusion food with too many sparring elements to result in anything coherent.

Yeah Yeah Yeahs aren’t a low quality band by any means, and songs like “Heads Will Roll” and “Maps” were smartly written, and well delivered, but vocalist Karen O’s incendiary presence made her backing musicians come across as expendable, by comparison.

Red Hot Chili Peppers certainly amped the audience up with their signature Cali vibes, but my overall impression was of a band whose brand-name status has far surpassed its creative potency. Chad Smith and Flea provided a blistering funk-punk rhythm section, especially on bangers like “Higher Ground,” their iconic Stevie Wonder cover, but vocalist Anthony Kedis looked withdrawn, and not quite stoked to be doing his job. The band can certainly fill stadiums in 2013 (and hey, more power to ’em), but at this point, the Chili Pep empire seems to have lapsed into the zone of diminishing returns.

West Oakland hyper gentrification in the WSJ

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Two stories on the theme of gentrification and displacement – a topic we at the Guardian have expended plenty of ink on – ran in major news outlets recently, showing how intense the Bay Area housing market pressure has become as it continues to be fueled by a rapid growth in high-salaried jobs in big tech.

Zeroing in on San Francisco, the LA Times turned an eye toward Mission District gentrification, illustrating the growing divide with a succinct comment overheard on a Muni bus: “I don’t know why old people ride Muni. If I were old, I’d just take Uber.”

And a Wall Street Journal article provides an eye-opening account of how REO Homes LLC is literally seeking to accelerate the gentrification process by “beautifying” West Oakland, an historic Black neighborhood that is home to predominantly low-income and working-class residents. (Note: The article may be behind a paywall.)

Minutes from downtown San Francisco via BART, West Oakland is dotted with Victorians and was hit with a wave of foreclosure during the economic crash, destabilizing the lives of many families who lost their homes.

REO is an investment firm helped along by San Francisco billionaire Tom Steyer, a well-connected venture capitalist (he even hosted a Democratic Party fundraiser with President Barack Obama at his Pacific Heights mansion earlier this year).

As the Journal’s Robbie Whelan reports, REO has been shelling out top dollar to spruce up not just its holdings, but residences nearby its West Oakland properties. In a rarely seen form of hyper-gentrification, the company has been planting trees, sprucing up homes (for free) of neighbors who aren’t in the market to sell or rent, mending fences, and making other improvements – all in an effort to lure higher-income residents to the neighborhood.

Since 2008, the height of the real-estate market crash, REO has acquired more than 200 homes in Oakland, Whelan reports, mostly in West Oakland. “Most houses cost around $200,000,” he writes, “and [founder Neill Sullivan] said he invests as much $100,000 to fix each one up.”

Real-estate agents have been marketing the neighborhood – which is no stranger to violent crime – to house-hunters as an affordable, nearby alternative to astronomically expensive San Francisco. Now that many people who weren’t able to keep up with mortgage payments have been forced out by foreclosure (see: robocalls, bungled loan modifications, foreclosure abuses), things are changing swiftly, as if by magic. Armed with cash, bankers are chasing away the blight and rolling out the welcome mat for up-and-comers who can’t swing it for that $3,000 one-bedroom in the city.

All of which will likely result in further displacement of Oakland residents who are barely holding on as it is. As Oakland councilwoman Desley Brooks told the Journal: “I’m not interested in finding housing for San Franciscans who can no longer afford San Francisco. I’m interested in helping people here in Oakland.”

Lawsuit challenging the Beach Chalet turf project goes to trial

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Lawsuit challenging the Beach Chalet turf project goes to trial

Plans to place artificial turf and stadium lights on Beach Chalet’s soccer fields in Golden Gate have been in the works since 2011, and local environmental groups have been fighting the proposal and losing each time. Now, their final hopes rest on a lawsuit going to trial this Friday.

[UPDATE 8/16: Presiding Judge Teri L. Jackson is calling for more input from the plaintiff and defendant attorneys on Wednesday, August 21, so a decision in the case isn’t expected until then at the earliest. on that day at the earliest. Check back on Monday for coverage of went down in the courtroom during today’s trial.]

The SF Coalition for Children’s Outdoor Play, the Bay Area chapter of the Sierra Club’s San Francisco Bay Chapter, and other groups filed a lawsuit claiming that the city violated the California Environmental Quality Act of 1970 when it chose turf that uses styrene-butadiene rubber from old tires.

“We’re going to argue that it violates the Environmental Quality Act when the city decided to use the most toxic rubber,” plaintiffs attorney Richard Drury said. “We’re asking the judge to do a new environmental impact report and to consider other alternatives, such as using more environmentally friendly material.”

Katherine Howard, spokesperson for SF Ocean Edge, a group of environmentalists and residents who live near the site, has been a leading opponent of the project.

“We feel that the project is totally wrong,” Howard said. “Golden Gate Park is described as an escape from the city, and to cover acres of it’s land with grounded up tires is awful.”

In May, the California Coastal Commission denied an appeal of the project after a hearing was called to determine whether or not the plan violates the Coastal Act and the city’s Local Coastal Plan, which calls for naturalistic conditions at the site.

“We believe that this is a strong case,” Arthur Feinstein of the Sierra Club said. “If we lose we have the opportunity to go to a higher court of appeals.”
Trial for the lawsuit starts at 9:45 a.m. this Friday, August 16 at the San Francisco Superior Court of California in Room 503, and is expected to last two to four hours.

Backward on climate

Sasha Cuttler And Mary Magee
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After a hearing lasting several hours on Tue/13, members of the San Francisco Public Utilities Commission voted down a motion to approve electricity rates for CleanPowerSF, a municipal energy program designed to offer a 100 percent green energy mix to San Francisco customers.

The approval of that “not-to-exceed” rate, set at 11.5 cents per kilowatt-hour, would have cleared the path to set CleanPowerSF in motion after almost a decade of politically charged debates and setbacks.

“I feel like today is a historic moment for the SFPUC as well as the city of San Francisco,” commissioner Francesca Vietor said as she introduced her motion to approve the rate. “Even though I understand this is only a vote to approve the not-to-exceed rate,” she added, it was a critical first step toward a long-term vision in which “we will also be able to create a new generation of green collar workers and build our own renewable power system.”

In the end, Vietor and Commissioner Anson Moran were the only ones to favor the rate approval, while Ann Moller Caen, Vince Courtney and President Art Torres shot it down. So once again, CleanPowerSF has been kicked back in limbo.

“This is not just about rates today,” Torres said. “If we approve these rates, that would authorize the General Manager [of the SFPUC] to authorize a contract with Shell.”  

Oil giant Shell Energy North America was tapped by the SFPUC to purchase green energy on the open market during the first phase of the program. Although Shell is a fossil fuel company with a disgraceful human rights track record, progressives and environmentalists stand behind a speedy approval of that contract, because they say it is a crucial first step toward realizing the ultimate project vision of constructing city-owned and operated renewable energy facilities while creating local green jobs.

“The deal is that you cannot do that until you move forward, and launch the program,” said Shawn Marshall, executive director of LEAN – a group that assists with clean-energy municipal power programs – speaking at a rally just before the hearing. “You have to live to go local. We call on the mayor’s office to stop impeding progress with heavy-handed politics and we ask the San Francisco Public Utilities Commission to stay focused on its job of implementing a program that was approved by the San Francisco Board of Supervisors last September.”

Rather than focusing on the question of whether or not to approve the rate, Torres and Caen voiced generally negative sentiments about the CleanPowerSF endeavor before casting “no” votes on the rate approval. Caen said she’d “always had problems with the opt-out situation,” referring to a system of automatic enrollment in the program, and Torres criticized the project for having changed shape, saying, “at the end of the day, this is not what San Franciscans had anticipated.”

The bid to establish CleanPowerSF is mired in charged politics. Because the program threatens Pacific Gas & Electric Co.’s monopoly in San Francisco, the utility giant is prepared to shell out whatever it takes to stop the forward momentum. PG&E is deeply influential in San Francisco City Hall, having richly rewarded former San Francisco Mayor Willie Brown, known to be a frequent dining companion of Mayor Ed Lee, for his consulting services, for instance. Lee opposes the program, and the mayor appoints the SFPUC commissioners.

Torres, the commission president, bristled at suggestions from the public that he was merely carrying the mayor’s water, saying, “I do my own homework, and I make up my own mind.”

But Sup. John Avalos has made up his own mind too, and he sent legislative aide Jeremy Pollock to convey the message to the SFPUC that enough is enough. Avalos plans to go to the City Attorney to find out what can be done about the relentless foot-dragging of a commission that just won’t approve a fair rate for a program that was approved by the Board of Supervisors last fall.

During the public comment session of the hearing, Pollock read Avalos’ statement, which characterized the commission’s refusal to approve the rate as a “constitutional crisis” with regard to the body’s responsibilities.

“Any further delay will essentially show that we are in a constitutional crisis caused by a city department failing to carry out a policy approved by a veto-proof supermajority of the Board of Supervisors,” Avalos’ statement noted. “The Board stands ready to approve these rates, but nothing more can happen until you take action. The City Charter is silent on the possibility of the Public Utilities Commission failing to act on a proposed utility rate. Therefore if there is further delay, I feel I have no choice but to request that the City Attorney explore our options to resolve this type of stalemate—including the possibility of drafting a Charter Amendment. CleanPowerSF is too important and the threat of climate change is too significant to allow this program to die on the vine. It is time for leadership. And this vote will be long remembered for the action you take today.”

But instead of just approving that rate – which is lower, by the way, than originally proposed – the commissioners just seized the opportunity to halt the program from moving forward, since CleanPowerSF cannot advance without a contract, and the contract cannot be signed until a rate has been formally approved.

“It seems as if they are essentially refusing to establish a fair rate, so we’re going to ask the city attorney, you know, what’s the recourse if the PUC is failing to carry out their duties?” Pollock noted.

Just before the votes were cast, Vietor, who had urged her colleagues to go forward and approve the rate at the outset of the meeting, was asked to re-state her motion. She returned to the bright and optimistic prepared statement she’d read at the beginning, only this time with a note of frustration because it was clear that the votes weren’t there. “Today is a historic moment for the San Francisco public utility commission,” she read out loud, “to become a leader in combating climate change.”

Note: This post has been updated from an earlier version.

*UPDATED 8/15* Tables turned: Department of Education finds City College’s accreditors out of compliance

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*UPDATED 8/15* Tables turned: Department of Education finds City College’s accreditors out of compliance

UPDATE 8/15, 7PM: The U.S. Department of Education got back to the Guardian to explain their letter in further detail, answering the questions “Can the Department of Ed. reverse the decision to revoke City College’s accreditation?” and “How likely is it that the ACCJC will be closed by the Department of Ed.?”

Their answers, via spokesperson Jane Glickman: “The Department does not have the authority to require an agency to change any accreditation decision it has made.  The agency (ACCJC) needs to amend its policies and procedures and provide documentation that it follows its amended policies and procedures to demonstrate that it is in compliance with the cited criteria. During the past few years, a small number of agencies have withdrawn from the recognition process after having been found out of compliance with a large number of criteria rather than facing a decision to deny their request for a renewal of recognition. A few agencies have had their recognition limited for a period of time.”

And how likely is i the ACCJC will be closed? “The language in the letter is standard whenever we find an agency out of compliance with any criteria because of the statutory requirements.  The process in this case is that ACCJC will have an opportunity to provide information about the steps it has taken to come into compliance with the cited criteria in its response to the draft staff analysis of the agency’s petition for renewal of its recognition, which is currently under review. The Assistant Secretary is required to make a decision within 90 days of the National Advisory Committee on Institutional Quality and Integrity (NACIQI) meeting.  The meeting is scheduled for mid December.   Possible decisions include:
* continuing the agency’s recognition and requiring the agency to come into compliance with the cited criteria within 12 months and to submit a compliance report 30 days thereafter for review (as described above)
* limiting the agency’s recognition in some way
* denying the request for renewal of recognition
In making such a decision, the Assistant Secretary would take into consideration the severity of the compliance issues and potential impact on the agency’s being a reliable authority as to the quality of the education provided by the entities it accredits.  It would not be based merely on the number of citations.” END UPDATE

City College had its accreditation revoked by the Accrediting Commission of Junior and Community Colleges this past July, and now the ACCJC is getting a taste of its own medicine — its own existence has been threatened over its treatment of City College.

[Editor’s Note: This story may have major implications as far as City College’s future accreditation status. We posted this ASAP, but will be adding more information from sources as the news develops. Refresh this page for the newest info.]

In a letter to the accrediting commission of the West, the ACCJC, the Department of Education found it out of compliance with the (Education) Secretary’s Criteria for Recognition, a set of national education standards all accrediting bodies are held to. 

And the ACCJC’s non-compliance with those four standards could lead to its termination. 

From the letter: “Therefore, we have determined that in order to avoid initiation of an action to limit, suspend or terminate ACCJC’s recognition, ACCJC must take immediate steps to correct the areas of non-compliance in this letter.”

The DOE found the accrediting commission, ACCJC, noncompliant in four areas: A conflict of interest as the president, Barbara Beno, had her husband serve on the visiting team that evaluated City College, no clear policies on who should serve on those teams, no clear distinction between “deficiencies” and “recommendations,” and what the severity level for those would be, and for not following their own policies on a two-year timeframe to correct those deficiencies. 

Krista Johns, vice president of policy and research at the ACCJC, talked to the Guardian, painting the DOE letter in a positive light.

“The overall result of the US departments analysis and study of the documents presented by the CFT about the ACCJC really affirmed that we are in compliance to a very large degree with all of the many regulations that touch on accreditors,” Johns said.

The California Federation of Teachers had a different take on the letter. “We are gratified that the U.S. Dept. of Education agreed with us that the process was deeply flawed, and we call on the ACCJC to rescind its unprecedented decision to deny accreditation to CCSF,” wrote CFT President Joshua Pechthalt, in a press release. 

But will the DOE’s findings halt the decision to revoke City College’s accreditation? That’s the $200 million question, and its all too soon to have any decisions drawn yet, said Paul Feist, spokesperson for the State Community College Chancellor’s Office.

“We’re still analyzing the letter. Theres a lot in there,” he said. “I don’t know if it could say there is any reprieve (for City College). Regardless there are a number of problems with City College that need fixing.”

But even a cursory analysis of the letter reveals something that could truly turn everything around: The DOE letter could be seen as saying that the institution is out of compliance with its own policies, which is huge. And it raises the question of why the ACCJC chose to go beyond its own policies to sock it to City College.

The letter basically says that the ACCJC treated “deficiencies” found in 2012 with enough gravity to begin revoking the college’s accreditation, but did not find them serious enough to follow its own procedure of only allowing two years to correct those same deficiencies, which the ACCJC found in 2006.

Basically, the ACCJC is contradicting itself, the DOE wrote, leading to the question: “Were they even deficiencies in the first place?”

“The agency cannot treat an issue serious enough to require reporting and to be part of the rationale for the show cause order, but not serious enough to enforce the timeframe to return to compliance, as required by federal regulation,” the report reads. “The commission has not demonstrated appropriate implementation of this regulation. Allowing an institution to be out-of-compliance with any standard for more than two years is not permissible within 602.20(a)of the Secretary’s Criteria for Recognition.” 

Notably, the ACCJC’s own bylaws, under Article XI, Section 7, a college could appeal its accreditation decision if “there were errors or omissions in carrying out prescribed procedures on the part of the evaluation team and/or the Commission which materially affected the Commission’s action.”

In plain english, if the ACCJC messed up on enforcing its own policies, City College may get a pass on its accreditation decision.

The ACCJC responded to the allegation in its press release, saying “the (DOE) has determined the ACCJC should have taken adverse action on CCSF sooner after the 2006 evaluation review…However, the Commission feels it acted in a timely fashion.”

 

The accrediting commission denied that it violated any of its policies, and said the text of their bylaws would make it hard to use the DOE letter to make an appeal to reverse their decision to close City College. 

 

“The important part (of the appeals process bylaws) is ‘which materially affected the Commission’s action,’” Johns, from the ACCJC said. She said any error on the ACCJC’s part would need to be seen as having enough gravity to have affected their decision making process. 

And the independent panel that oversees the appeals process is actually chosen by Dr. Barbara Beno, president of the ACCJC, and a few other colleagues on the commission.

The commission gets to choose and appoint the people who investigate themselves, essentially.

When asked if this looked like a conflict of interest baked into the system, Johns disagreed. 

“This is fully in line with regulations and practice of accreditation, she said, adding “The institution (City College) does have the right to challenge any hearing members for cause.”

The college’s appeal ultimately is in the hands of the new Super Trustee of City College, Bob Agrella, who acts with all of the powers of the college’s now defunct board. But Agrella has, in past interviews, agreed with the way the ACCJC is run. 

“I think the way the commission operates is OK,” he told Sara Bloomberg, of City College’s newspaper, The Guardsman. “I’ve dealt with their policies and operating procedures at other institutions where I worked that were dealing with addressing accreditation problems—not to the same degree as here at City College—and the process worked there.” 

The non-compliance was discovered after the California Federation of Teachers, working with City College’s teacher union, the AFT 2121, filed a nearly 300-page legal complaint against the ACCJC with the Department of Education, alleging that the accrediting commission had conflicts of interest in evaluating City College and did not follow its own policies or procedures. But as the battle over the ACCJC’s verdict to revoke City College’s accreditation raged on, a split erupted in the college.

Half of the college rallied with groups like Save CCSF, calling the decision about City College unjust. Another half of the college basically said “sit down and shutup,” calling the protests and legal filings unwarranted, sour grapes, and a crazy conspiracy theory. 

 

Even local media outlets have played it mostly straight, and generally have not held the ACCJC’s feet to the fire. The Guardian however published many articles, such as “Who Killed City College?” pointing out irregularities in the ACCJC’s process. 

 

People like Karen Saginor, the ex-City College academic senate president, long fought the ACCJC decision and now feel vindicated. 

“Its pretty exciting, that letter,” Saginor told the Guardian. “Its recognition from an important authority that there are irregularities in the process that put us on show cause. We’ve been saying ‘it wasn’t fair.’ And we’ve been told ‘its a totally fair process, you’re just not happy because you don’t like the result.’ Now we have an important authority verifying what we’ve been saying.”

Time will tell what will come of the DOE letter, if anything. But for now it seems that if the ACCJC being out of compliance with its own rules is a conspiracy theory, then the Department of Education is wearing the biggest tin-foil hat in the room, and is onto something significant.

Petition to name Bay Bridge after Emperor Norton gains 1,000 signatures

Sasha Cuttler And Mary Magee
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San Francisco freelance writer John Lumea disagrees with California state legislators who want to name the western span of the Bay Bridge after former San Francisco Mayor Willie Brown.

Nothing personal against Brown, says Lumea. He just believes that honor belongs instead to 19th century San Francisco eccentric Joshua Abraham Norton (1819-1880), the Scotsman who proclaimed himself Emperor of the United States in 1859 and printed his own currency.

Lumea has drafted and launched a Change.org petition asking the California Legislature to rename the iconic thoroughfare “The Emperor Norton Bay Bridge.” The petition cleared its initial goal of 1,000 signatures on Aug. 12. The Bay Bridge, the petition argues, fulfills Emperor Norton’s “140-year-old vision” of a bridge from San Francisco to Oakland “that has shaped the lives of generations.”

In 1872 Emperor Norton famously proclaimed the need for a suspension bridge between San Francisco, Goat Island (now Yerba Buena), and Oakland. While the Bay Bridge matches the literal proclamation, it also matches Emperor Norton’s social vision for the area, according to Lumea. 

“Emperor Norton was an early visionary of a regional economy,” said Lumea, “and a herald of the whole idea of a Bay Area as a region that shares ideas and relationships beyond economics.” A harbinger of Bay Area progressivism, Emperor Norton also used his local notoriety to advocate on behalf of women’s suffrage and the rights of marginalized populations. 

Past attempts to commemorate Emperor Norton’s special relationship to the Bay Bridge never got off the ground. In 2004, former San Francisco Supervisor Aaron Peskin introduced a resolution to name the entire Bay Bridge after Emperor Norton, but the Board of Supervisors passed a modified version to dedicate just the new additions to the bridge. To date, Oakland and Alameda haven’t obliged.

This June, California State Assembly members had a completely different public figure in mind for the bridge’s name, and introduced a resolution to name the western span of the Bay Bridge after the former Assembly Speaker and San Francisco Mayor Willie Brown. In answer to that proposal, an online petition surfaced in July calling for state legislators to name that span of the Bay Bridge after Emperor Norton instead.

Less than two weeks ago, Lumea’s petition took things a step further, calling on the Legislature and the Governor to name the entire bridge after Emperor Norton.

“As for Willie Brown,” said Lumea, “surely any number of buildings in California could be used for his honor.”

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