Banks

We could ride trains

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The Muni trains are fun. I rode them for years before I figured that out. 

Muni was always a matter of function, a means of getting around. I was in a rush, a busy person with Places to Be. I was late; the train wasn’t there. When one of those historic clankers from Boston showed up on Church Street, I got even more crabby. The thing goes about four miles an hour; don’t they know we’re on a schedule here?

And then I had a son.

Even before he could talk, Michael loved trains. He’d point at them and start waving his hands up and down and laughing. “Choo-choo” was one of his first words; I think he knew that one even before “dada” and “mama.” And when I finally took him for a ride on the J-Church, around his second birthday, he became the happiest boy on the planet.

For the next year or so, every weekend morning, when he woke me up at the crack of dawn, I’d ask him what he wanted to do that day, and he’d say, with a big smile, “We could ride trains!” And almost every Saturday and Sunday afternoon, that’s what we’d do, from Church Street to Market Street, down Market, maybe along the waterfront to the end of the line at Fisherman’s Wharf. Then we’d get on another train and ride back home.

Sometimes we’d stop for a while at Dolores Park; sometimes we’d have doughnuts and check out the sea lions at the wharf. Sometimes we’d take a walk along the bay and look at boats. But really, as Zen masters and three-year-old boys have always known, the journey was the destination.

It’s different seeing the city through a child’s eyes.

I remember the amazing sense of wonder I had when I first arrived in San Francisco, a 22-year-old out of the New York suburbs and a Connecticut college town who had never been west of Buffalo. Everything seemed so alive, so special and strange and funny. And after a while, like everyone else, I had to pay the rent, and fight with the bank and the phone company, and the IRS found me, and life in the big city became, well, life in the big city.

But when you walk around with a kid, it all starts to come back. The whole urban world is an adventure. That stuff blowing around on the sidewalks isn’t garbage — it’s treasure. The graffiti on the walls isn’t vandalism (or even art) — it’s a clue to some sort of puzzle, maybe a map to where the pirates buried the gold. Even watching the train pull away just before you get to the corner isn’t any reason to be mad — because (as Michael always announces with glee) pretty soon there will be another one!

Just walking out the door is an explosion of scientific marvels. The wind is moving air, which is pretty cool when you think about it. The fog is a cloud on the ground. The rain makes puddles, and puddles lead to big splashes and soaking wet feet, and life doesn’t get much better than that. I suspect that every day in Michael’s life is like the first time I smoked pot and tried to talk about the difference between time and color.

There was a long period (and now it seems like another lifetime) when I could go for weeks without venturing beyond work, the 500 Club, a couple of take-out places, and my apartment. The advantage (and curse) of this city is that you can live quite well in your own neighborhood (particularly when it’s a place like the Mission District or Bernal Heights), so you don’t need to go anywhere else.

Amazing what I was missing.

I’ve lived in or around the Mission for 10 years, and I’d never been to Garfield Pool. You can swim there for three bucks, and it’s never crowded. The locker room feels like something out of a 1940s socialist paradise — everything’s one color, brutally utilitarian, and just a little bit broken. There are free kickboards, basketballs (and a poolside hoop), and sometimes even swim goggles (I guess when people leave them behind they become properly nationalized). The Upper Noe Recreation Center has the same sort of feel: on Saturday mornings, there’s a toddler gym, filled with a huge conglomeration of toys that look and feel like they were never actually new. But they work just fine and are durable as hell, and on rainy days, dozens of children stranded inside get a chance to ride welded tricycles and plastic cars around and crash into each other, with no ill effect. I smile just thinking about it.

The big children’s playground at Golden Gate Park has a long, steep slide made out of concrete that would make a modern-day insurance agent gasp in horror and alarm. Kids who have barely learned to walk somehow manage to climb up about 75 slippery, uneven steps that are almost too much for me, then sit on torn pieces of cardboard and careen down a hard, fast incline and skid to a stop at the bottom. It’s outstanding.

At Crissy Field, there’s a narrow, shallow channel where the water in the newly restored tidal marsh flows in and out of the bay. I don’t think the people who oversaw the ecological restoration of the wetlands area had any idea they were creating a swimming hole for kids, but that’s what happened: on warm days, dozen of children splash in the stream and build elaborate sand castles on the banks. When the tide goes out, a muddy island appears in the middle. Even with the tide coming in, the channel is never more than a few feet deep. It’s mind-boggling: you’re on the edge of the bay, in the shadow of the Golden Gate Bridge, a few yards away from the icy-cold currents and riptides where even seriously athletic adults in wet suits venture only with care — and three-years-olds are romping in the water with their dogs.

There’s a railroad museum at the old Hunters Point shipyard, with vintage steam engines that still work. There’s a model river (full of water and plastic fish) at the Bay Area Discovery Museum in Sausalito. There’s a working beehive in the bug house at the San Francisco Zoo, and the queen bee has a white dot painted on her abdomen. There’s an artificial earthquake that shakes up the Lego houses you can build at the California Academy of Sciences.

There are stores in the Mission that sell parachuting space aliens. If you ask nicely at Mitchell’s Ice Cream, they’ll stick a few green gummy worms in your chocolate-chip cone.

These are all things I didn’t know.

When I was a kid in the suburbs, I couldn’t imagine growing up in a city. I hope my kids see it differently. Because I’m getting to be a kid again right here in San Francisco — and I can’t imagine anyplace better.

On the streets with Occupy San Francisco

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The messages sounded yesterday on the streets of San Francisco – delivered in speeches, chants, signs, songs, interviews, and the petition handed to Chase Bank officials by a half-dozen protesters before their arrest – should resonate with most Americans. After all, while rich corporations and individuals have been accruing ever more wealth, the vast majority of us have been falling behind.

“Banks get bailed out, we get sold out,” was one of those chants by the several hundred people who marched through the Financial District – our OccupySF effort building off the two-week Occupy Wall Street events – targeting some of the villains of the economic meltdown: JPMorgan Chase, Bank of America, Citibank, Charles Schwab, the Federal Reserve, and Goldman Sachs.

They may be relatively small and easy to ignore, these “occupations” of Wall Street and San Francisco and other cities that are entering their third week, but they’re being driven by a palpable anger and stirring critiques of economic and political systems that exploit the powerless. But as the foreclosures, layoffs, and other hardships continue, this nascent movement could have some staying power.

“I think it’s starting to wake people up out of their complacent distraction,” Robin Kralique, a 26-year-old SF resident holding a sign that read “Let’s have the GDP measure happiness,” told the Guardian. “We’re planting the seeds for a better future, and I’m hoping it wakes some people up.”

Like many of the young protesters gathered outside the corporate office building at 555 California at the start of the march, she was inspired by Occupy Wall Street. They’re angry watching their economic opportunities evaporate as more and more of the country’s wealth accumulates in fewer and fewer hands.

“There’s an insane amount of greed in this country,” 24-year-old Erin Kramer, a dancer and performance artist stuck in a corporate job she needs to get by, told me. Her sign read, “Don’t be afraid to say revolution!”

And many weren’t, with calls for revolution on the tips of many lips, albeit tempered with healthy doses of realism. “Even if it isn’t at critical mass yet, it sets the stage for the next revolution,” Kralique said when I asked her what she hoped this moment would accomplish.

Sup. John Avalos, a progressive mayoral candidate who spoke at the rally, is pushing legislation to create a municipal bank in San Francisco, one that would invest far more money in local projects and small businesses than Bank of America, which manages most of the city’s money.

“We have to figure out new ways to use our local dollars to help our economy,” Avalos told us. “The message here is we’re pulling our dollars out of these banks unless they help us.”

Before Avalos spoke – asking the boisterous crowd, “Have you ever felt like you’ve been had?” – activist Bobbi Lopez was on the microphone decrying the “lack of accountability for the people responsible for this decline.”

And then, the march was off – flanked by dozens of San Francisco Police officers on motorcycles, riding bicycles, and in cars – to deliver creative forms of protest around the Financial District, including a funny song and dance routine by Fresh Juice Party in front of the Schwab office, singing, “Land of the free, home of the brave, this is the street our labor paved.”

In fact, that was almost literally true at the San Francisco march, which was shepherded by off-duty city workers from SEIU Local 1021.

“This Wall Street thing is really spreading. The message of a small group of people in New York has really spread…Wall Street is a symbol of all this corruption, cronyism, and greed,” Gabriel Haaland, an organizer with SEIU Local 1021, told me at the start of the march. “It’s really resonated with our members…It’s been picking up steam as things have been unraveling over the last year.”

An hour or so later, Haaland was one of six people who staged an occupation of the Chase branch at Market and 2nd streets, along with two women in his union who have been unsuccessfully battling bank foreclosures on their homes – Brenda Reed and Tanya Dennis – and three other activists: William Chorneau, Manny S. Tucker, and Claire Haas.

Tipped off by Haaland, I was inside the bank lobby as the march approached and a police officer on a bicycle came inside to warn bank officials, “The protest is headed your way, you may want to secure the premises.”

He and another officer helped prevent protesters from getting inside, but the six protesters had already infiltrated the building. They began chanting and pulled blankets out of a suitcase, laying them out and placing them on the ground.

Reed spoke for the group, demanding to meet with JPMorgan Chase & Co. CEO Jamie Dimond to present a petition calling for a halt to the bank’s foreclosures. Through tears, she told the story of her long struggle to protect her home from foreclosure by Chase, which had taken her loan over from another lender.

SFPD Lt. M.E. Mahoney told the group, “You’re not going to be able to camp out here and wait for the CEO to come talk to you,” asking store managers whether they wanted to make a citizen’s arrest. They did, but Mahoney also told Reed that he would watch as she handed the petition to store managers.

“I’m here today because for two and a half years, I have desperately tried to get Chase to work with me,” Reed told a bank employee as hundreds of protesters outside looked on and chanted their support. “You have put me through hell. You’ve destroyed my health, you’ve destroyed my business, and it’s not fair what you’ve done.”

After she was finished, another bank manager (who refused to give his name) told Reed, “Just to let you know, we are compassionate to your cause,” drawing from the protesters the frustrated retort, “No you aren’t!” Through the day, protesters noted that the banks have been profitable and don’t need to be foreclosing on so many homes, sitting on so much capital, and funneling their profits out of desperate communities and into the accounts of wealthy investors – particularly after being bailed out by taxpayers in 2008.

Outside, the crowd chanted “Go, Brenda, go!” and “Let those people go, arrest the CEO!”

The crowd remained outside for more than an hour as police tried to wait them out, finally arresting the occupiers on trespassing charges and quickly citing and releasing them, apparently in the hope it would clear the people out of congested Market Street. “That was my quickest arrest ever,” Haaland, a veteran of many labor actions and progressive protests over the years, told me afterward.

Reed addressed the crowd on a bullhorn, explaining that she refinanced her home in 2007 with a shady “pretender lender” who misrepresented what her monthly payments would be. They ballooned to a level she was unable to cover and she sought a loan modification from Chase, which had taken over the loan from the now defunct Washington Mutual.

“Chase Bank is trying to steal my home of 38 years,” she told the crowd. “Jamie Dimond, come out from under your rock and let me talk to you.”

She decried how government bailed out the banks and then allowed them to aggressively foreclose on homes whose mortgages they didn’t originate, but who acquired the title out of the complex financial derivatives that has sliced and diced mortgages into complex financial instruments.

“It’s government-sanctioned fraud,” she said. Despite what she said were Chase’s plans to auction her home in Oakland next month, she pledged, “You will not get my home. You will not get what belongs to me.”

But whether that kind of fierce resolve – voiced over and over again, by hundreds of activists fed up with economic injustice – translates into any kind of real change is yet to be determined.

28 films in six days: Jesse Hawthorne Ficks at the 2011 Toronto International Film Festival (part two)

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Check out part one here and part three here. More from the man who slept nary a wink at TIFF 2011 (or so it seems!) follows.

11) Twenty Cigarettes (James Benning, USA) Following the basic concept of 20 different people smoking an entire cigarette gives each segment its own time frame. It allows the viewer to get into a rhythm that becomes as addictive as smoking itself. Being a non-smoker, I found myself hypnotized by each person’s physical stance and style as well as what each participant must have been thinking about during the five to eight minute process. Museum cinema at its finest.

12) La folie Almayer (Chantal Akerman, Belgium/France) Adapting Joseph Conrad doesn’t sound that exciting, even for fans of Chantal Akerman (Jeanne Dielman, 1975). But there is something absolutely alluring about this experimental mood piece. Feeling abandoned and lost in the jungle becomes a state of mind here; the film sincerely builds towards two of the most beautiful shots Akerman has ever created. With an audacity that can infuriate even the most weathered cinephile, this 65-year-old French auteur has created a new work that is crisp, inventive, and quite alive. For anyone who was also ignited by Godard’s most recent abstraction, 2010’s Film socialisme — here’s another from an innovator who we too often take for granted.

13) Damsels in Distress (Whit Stillman, USA) Whit Stillman’s much-anticipated return (showcasing mumblecore queen Greta Gerwig) has all the elements you’d expect from the maker of Metropolitan (1990) and The Last Days of Disco (1998). But this is his first film since Disco, and Damsels somehow feels like a half-step behind Tina Fey’s Mean Girls (2004) and Greg Araki’s Kaboom (2010). Have people been so influenced by his films that they’ve all caught up with him by now? It’s good to have you back, Mr. Stillman, but I’m looking for you to pave some new roads with your next one.

14) Comic-Con Episode IV: A New Hope (Morgan Spurlock, USA) How has this documentary not been made until now? Spurlock (who already had a film out this year, inspired product-placement doc The Greatest Movie Ever Sold) takes a break from being in front of the camera and delivers a straightforward look at a handful of Comic-Con attendees as they hope to achieve their respective goals at the ever-growing event. As the film follows a couple of animators, a costume designer, a guy who wants to propose to his girlfriend, and a comic book seller who’s ironically trying to figure out how to sell comic books at the largest comic book convention in the world, this celebratory (if not a bit too self-congratulatory) journey refreshingly doesn’t have a shred of mean-spirited irony in a single edit. This is a movie that considerately allows its subjects to freely wear their nerd status on their sleeves.

15) Twixt (Francis Ford Coppola, USA) Val Kilmer hilariously leads the way in this low-budget, campy, sometimes-in-3D horror flick that even sports narration by Tom Waits! While being both surreal and boring, this mish-mash of genres has some particularly classic moments when master of impressions Kilmer and the magical Elle Fanning are given free reign to eat up the scenery. While seemingly inspired by John Carpenter’s In the Mouth of Madness (1995), this Edgar Allen Poe tale feels like something fun you make with your friends while you’re prepping for the next project to finally get started. Except it’s by Francis Ford Coppola.

16) The Skin I Live In (Pedro Almodóvar, Spain) Before this film’s world premiere, star Antonio Banderas gave a speech about Pedro Almodóvar and reminded everyone that even though the director is considered one of our era’s most celebrated and critically acclaimed filmmakers, it hasn’t been an easy road. Almodóvar has constantly dared to explore subject matter and characters that are still not accepted in most circles of the world. His films aim to open people’s hearts and minds, rather than reinforce already-accepted attitudes. What could be more amazing than this introduction? How about the film itself, The Skin I Live In, which could be Almodóvar’s most cryptic and difficult film to watch yet?! Don’t read any more about it. Just go experience it.

17) Livid (Alexandre Bustillo and Julien Maury, France) Creating a follow-up to this directing duo’s brilliantly feminist horror film Inside (2008) — which had more stomach-churning, psychotic gross-out sequences than Peter Jackson’s whole career combined — was a tough task. Yet this low-budget, surreal fantasy subverts every convention, twists every cliché, and culminates with a lingering aftertaste that leaves you wanting even more. It’s hard not to get excited about these filmmakers, who are clearly unafraid to push their imaginations to the limit.

18) Drive (Nicholas Winding Refn, USA) With this combination of David Lynch’s Lost Highway (1998) and Luc Besson’s Transporter (2001), all wrapped up in a John Hughes soundtrack, Refn has designed a minimalist genre classic for the Y2teens. Ryan Gosling gives an adorable performance that is sure to evoke giggles and swoons from both women and men alike (a la Steve McQueen in 1968’s Bullitt), while Albert Brooks does wonders with his deliciously demented deliveries. This is a romantic-violent cult classic has the possibility to even make some money at the box office. And, unlike any other movie on this list, it’s out in theaters now. Go see it … multiple times! 

19) Crazy Horse (Frederick Wiseman, USA/France) I can’t think of a more exciting concept for Frederick Wiseman’s 40th film: a beautiful exploration of France’s most famous burlesque strip club, the Crazy Horse. Delivering both tantalizing and uneven performances (surprisingly similar to Paul Verhoeven’s misunderstood 1995 Showgirls) combined with profoundly insufferable yet oddly relatable conversations about artistic dilemmas, this two hour and 15 minute experience perfectly encompasses everything you wanted to know about strip clubs but were afraid to ask.

20) Life Without Principle (Johnnie To, Hong Kong) Reinventing himself once again, Hong Kong auteur Johnnie To was often finishing script pages the night before scenes were to be shot, forcing this financial fable to be three years in the making. The inventive editing interweaves a disconnected group of fools who were caught within the weekend of our most recent stock market crisis. Director To painstakingly exposes how sketchy our banks and investments are contrasted with one of the best Method acting performances HK legend Lau Ching-Wan has ever given. He’s a bumbling, blinking wannabe gangster — the perfect martyr for an era that truly lives up to the title of this existential action film.

Check back soon for Jesse Hawthorne Ficks’ final eight picks from TIFF 2011! When he’s not mainlining celluloid at festivals, Ficks teaches film history at the Academy of Art University and curates the film series Midnites for Maniacs, which celebrates dismissed, underrated, and overlooked films.

Film Listings

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OPENING

Abduction A teenager (Taylor Lautner) sets out to find his true identity (duh, dude, everyone knows you’re a werewolf) in John Singleton’s action thriller. (1:46)

*The Black Power Mixtape 1967-1975 Cinematic crate-diggers have plenty to celebrate, checking the results of The Black Power Mixtape 1967-1975. Swedish documentarian Göran Hugo Olsson had heard whispers for years that Swedish television archives possessed more archival footage of the Black Panthers than anyone in the states — while poring through film for a doc on Philly soul, he discovered the rumors were dead-on. With this lyrical film, coproduced by the Bay Area’s Danny Glover, Olsson has assembled an elegant snapshot of black activists and urban life in America, relying on the vivid, startlingly crisp images of figures such as Stokely Carmichael and Huey P. Newton at their peak, while staying true to the wide-open, refreshingly nonjudgmental lens of the Swedish camera crews. Questlove of the Roots and Om’Mas Keith provide the haunting score for the film, beautifully historicized with shots of Oakland in the 1960s and Harlem in the ’70s. It’s made indelible thanks to footage of proto-Panther school kids singing songs about grabbing their guns, and an unforgettable interview with a fiery Angela Davis talking about the uses of violence, from behind bars and from the place of personally knowing the girls who died in the infamous Birmingham, Ala., church bombing of 1963. (1:36) Embarcadero, Piedmont, Shattuck. (Chun)

City of Life and Death There have been a number of recent works about the “rape of Nanking,” but perhaps none tackles the brutal nature of Nanjing’s fall with as much beauty as City of Life and Death. Shot in striking black and white, the film depicts the invasion of China’s capital by Japanese forces from a number of points of view, including that of a Japanese soldier. It can be difficult at times to become emotionally attached to characters within such a restless narrative, but the structure goes a long way toward keeping the proceedings balanced. The stunningly elaborate sets and cinematography alone are worth the price of admission, and it’s amazing that such detail was achieved with a budge of less than $12 million. But it is the unflinching catalog of the some 300,000 murders and rapes that took place between 1937 and 1938 in Nanjing that will remain with you long after watching. (2:13) Opera Plaza. (Peter Galvin)

Dolphin Tale A wayward dolphin with an injured tail is rescued by marine biologists, befriends a little boy and his single mother (Ashley Judd), and somehow Kris Kristofferson and Morgan Freeman are involved. Admit it, you’re weeping already. (1:53) Presidio.

Farmageddon First-time director Kristin Canty embarked on this documentary after discovering the healing power of raw milk in helping her child’s allergies. And it shows. Farmaggedon really should have been titled A Raw Deal for Raw Milk, considering its primary focus on several small family-operated dairies and the souring treatment they have received from government bureaucrats, spurring Canty’s activist act of making this movie. Larry and Linda Failace of Three Shephard’s Cheese in Vermont (the latter wrote her own book, 2007’s Mad Sheep: The True Story Behind the USDA’s War on a Family Farm) seem to have suffered the most, driven out of business when the sheep they brought over legally, with all the required quarantines, were seized and destroyed by the government agents on the pretext that the animals might spread “mad cow” disease. The sight of Linda Failace breaking into tears reading her daughter’s words about how the sheep were like her brothers and sisters is heart-breaking. Undermining such powerful, outrageous material are Canty’s textbook missteps: the director has major problems organizing her seemingly scattershot, lopsided material into a coherent and, er, organic whole, and lets her many sources drone on without a strong narrative through-line. All of this makes Farmaggedon a bit of a struggle to watch, although the dirt Canty digs up is likely to justifiably raise the hackles of progressive foodies. (1:30) Roxie, Smith Rafael. (Chun)

*Killer Elite Jason Statham has a lot going on, in addition to devastatingly attractive male-pattern balding: along with fellow Brit Daniel Craig, he’s one of the most believable action heroes in the cineplex today. This continent-hopping, Bourne-ish exercise, kitted out with piercingly loud sound design, comes chock-full of promise in the form of Statham, Robert De Niro, and Clive Owen, wielding endless firearms and finding new deadly uses for bathroom tile — you don’t want to be caught solo in anger management class with these specialists in cinematic rageaholism. Mercenary assassin Danny (Statham) wants out of the game after a traumatic killing involving way too much eye contact with a small child. Killer coworker Hunter (De Niro) pulled him out of that tight spot, so when the aging gunman is held hostage, Danny must emerge from hiding in rural Australia and take on a seemingly impossible case: avenge the deaths of a dying sheik’s sons, who were gunned down by assorted highly trained British military hotshots, get them to confess, and make it all look like an accident. Oh, yes, and try to make sure his own loved ones aren’t killed in the process. Dancing backwards as fast as he can is those retired Brits’ guardian angel-of-sorts, Spike (Owen), another intense, dangerous fellow with too much time on his hands. Throw in my favorite Oz evil-doer Adewale Akinnuoye-Agbaje as Danny and Hunter’s boss, some welcome been-there twinkle from De Niro, as well as a host of riveting fight scenes (and that ’00s cliché: sudden death by bus/truck/semi), and you have diverting popcorn killer. (1:40) Presidio. (Chun)

Moneyball As fun as it is to watch Brad Pitt listen to the radio, work out, hang out with his cute kid, and drive down I-80 over and over again, it doesn’t quite translate into compelling cinema for the casual baseball fan. A wholesale buy-in to the cult of personality — be it A’s manager Billy Beane or the actor who plays him — is at the center of Moneyball‘s issues. Beane (Pitt) is facing the sad, inevitable fate of having to replace his star players, Jason Giambi and Johnny Damon, once they command the cash from the more-moneyed teams. He’s gotta think outside of the corporate box, and he finds a few key answers in Peter Brand (a.k.a. Paul DePodesta, played by Jonah Hill), who’s working with the sabermetric ideas of Bill James: scout the undervalued players that get on base to work against better-funded big-hitters. Similarly, against popular thought, Moneyball works best when director Bennett Miller (2005’s Capote) strays from the slightly flattening sunniness of its lead actor and plunges into the number crunching — attempting to visualize the abstract and tapping into the David Fincher network, as it were (in a related note, Aaron Sorkin co-wrote Moneyball‘s screenplay) — though the funny anti-chemistry between Pitt and Hill is at times capable of pulling Moneyball out of its slump. (2:13) Marina. (Chun)

*My Afternoons with Margueritte There’s just one moment in this tender French dramedy that touches on star Gerard Depardieu’s real life: his quasi-literate salt-of-the-earth character, Germain, rushes to save his depressed friend from possible suicide only to have his pretentious pal pee on the ground in front of him. Perhaps Depardieu’s recent urinary run-in, on the floor of an airline cabin, was an inspired reference to this moment. In any case, My Afternoons With Margueritte offers a hope of the most humanist sort, for all those bumblers and sad cases that are usually shuttled to the side in the desperate ’00s, as Depardieu demonstrates that he’s fully capable of carrying a film with sheer life force, rotund gut and straw-mop ‘do and all. In fact he’s almost daring you to hate on his aging, bumptious current incarnation: Germain is the 50-something who never quite grew up or left home. The vegetable farmer is treated poorly by his doddering tramp of a mother and is widely considered the village idiot, the butt of all the jokes down at the cafe, though contrary to most assumptions, he manages to score a beautiful, bus-driving girlfriend (Sophie Guillemin). However the true love of his life might be the empathetic, intelligent older woman, Margueritte (Gisele Casadesus), that he meets in the park while counting pigeons. There’s a wee bit of Maude to Germain’s Harold, though Jean Becker’s chaste love story is content to remain within the wholesome confines of small-town life — not a bad thing when it comes to looking for grace in a rough world. (1:22) Embarcadero, Shattuck. (Chun)

Restless See “Twee of Life.” (1:35) Lumiere, Shattuck.

*3 The press literature for 3, Tom Tykwer’s latest, throws around references to classic Hollywood screwball comedies, but this romantic drama is far too self-conscious, serious, and almost pretentious to ever completely ape the mercury lightness of that genre. Apart from one slightly jarring fantasy sequence or two, this polyamorous love story is all about contemporary Berlin bohemia, from hero Hanna’s (Sophie Rois) immersion in the worlds of science and art, to her increasingly plastic relationship with partner Simon (Sebastian Schipper). On the edge of their 20th anniversary, the smart, stylish 40-ish bohos are still in love, though a younger, perpetually amused-looking doctor Adam (Devid Striesow) threatens to turn their two-decade itch into something much more involved. Tykwer kicks off his high-minded romp with a pas de trois, sprinkling split-screen interludes into the program as he goes, but such devices fall away — sucking the viewer into its heady, seductive undertow — beneath the sheer eroticism of these sexual empiricists’ couplings, particularly in the humid, Cat People-like scenes set in a Badeschiff pool, which comes to resemble a carnally charged hothouse as envisioned by Olafur Eliasson. (1:59) Sundance Kabuki. (Chun)

ONGOING

Bucky Larson: Born to Be a Star (1:36) 1000 Van Ness.

Circumstance Thirteen (2003) goes to Tehran? The world of sex, drugs, and underground nightclubs in Iran provides the backdrop for writer-director Maryam Keshavarz’s lusty, dreamy take on the passionate teenagers behind the hijabs. Risking jail and worse are the sassy, privileged Atafeh (Nikohl Boosheri) and the beautiful, orphaned Shireen (Sarah Kazemy), who, much like young women anywhere, just want to be free — to swim, sing, dance, test boundaries, lose, and then find themselves. The difference here is that they’re under constant, unnerving surveillance, in a country where more than 70 percent of the population is less than 30 years old. Nevertheless, within their mansion walls and without, beneath graffitied walls and undulating at intoxicating house parties, the two girls begin to fall in love with each other, as Atafeh’s handsome, albeit creepy older brother Mehran (Palo Alto-bred Reza Sixo Safai) gazes on. The onetime musical talent’s back from rehab, has returned to the mosque with all the zeal of the prodigal, and has hooked up with the Morality Police that enforces the nation’s cultural laws. Filmed underground in Beirut, with layers that permit both pleasure and protest (wait for the hilarious moment when 2008’s Milk is dubbed in Farsi), Circumstance viscerally transmits the realities and fantasies of Iranian young women on the verge. (1:45) Embarcadero, Shattuck. (Chun)

*Cold Fish Did you love (or find yourself baffled by) Sion Sono’s Love Exposure during its Roxie run? Sono’s Cold Fish is similarly occupied with indoctrination, masochism, and extreme behavior. However, it’s also somewhat better able to sustain a tone of hysteria escalating toward dementia. An unhappy family (father Mitsuru Fukikoshi, daughter Hikari Kajiwara, stepmother Megumi Kagurazaka) is yanked into the orbit of a tropical-fish tycoon (Denden) who at first seems a boisterous benefactor providing shock therapy to their depressed lives out of simple altruism. But he and his bombshell wife (Asuka Kurosawa) soon reveal sides not just sinister but psychopathic, ensnaring all three in diabolical doings that encompass murder, rape, grisly corpse disposals, and more. Structured like Love Exposure as one long countdown to a transformative moment, Cold Fish pushes black comedy way beyond the bounds of taste with an oddly neutralizing good cheer. It’s a manic Grand Guignol set to the soothing kitsch strains of retro Hawaiian-flavored lounge music. (2:24) Roxie. (Harvey)

Colombiana (1:47) 1000 Van Ness.

*Connected: An Autoblogography About Love, Death, and Technology Local filmmaker Tiffany Shlain (founder of the Webby Awards) takes a look at 21st century connections, both technological and personal, in this documentary. And the film gets very personal at times; constructed mostly as a video collage (using animation, stock footage, etc.), its few original clips come from Shlain family movies, which become more poignant when it’s revealed that the filmmaker’s beloved father, an author and brain surgeon, is dying of brain cancer. Shlain’s film draws some of its themes from her father’s 1999 book The Alphabet Versus the Goddess, a study of literacy’s effect on male-female dynamics over history, and the film is dedicated to him. But though the Shlain family’s struggles with loss and life (the filmmaker was pregnant when her father died) form Connected‘s thru line, the film’s probing, lively exploration of links (on- and offline) is universally relatable, and ultimately quite thought-provoking. (1:20) Embarcadero, Shattuck. (Eddy)

*Contagion Tasked with such panic-inducing material, one has to appreciate director Steven Soderbergh’s cool head and hand with Contagion. Some might even dub this epic thriller (of sorts) cold, clinical, and completely lacking in bedside manner. Still, for those who’d rather be in the hands of a doctor who refuses to talk down to the patient, Contagion comes on like a refreshingly smart, somewhat melodrama-free clean room, a clear-eyed response to a messy, terrifying subject. A deadly virus is spreading swiftly — sans cure, vaccine, or sense — starting with a few unlikely suspects: globe-trotting corporate exec Beth (Gwyneth Paltrow), a waiter, a European tourist, and a Japanese businessman. The chase is on to track the disease’s genesis and find a way to combat it, from the halls of the San Francisco Chronicle and blog posts of citizen activist-journalist Alan (Jude Law), to the emergency hospital in the Midwest set up by intrepid Dr. Mears (Kate Winslet), to a tiny village in China with a World Health investigator (Marion Cotillard). Soderbergh’s brisk, businesslike storytelling approach nicely counterpoints the hysteria going off on the ground, as looting and anarchy breaks out around Beth’s immune widower Mitch (Matt Damon), and draws you in — though the tact of making this disease’s Typhoid Mary a sexually profligate woman is unsettling and borderline offensive, as is the predictable blame-it-on-the-Chinese origin coda. (1:42) California, Empire, Marina, 1000 Van Ness, Sundance Kabuki. (Chun)

Crazy, Stupid, Love Keep the poster’s allusion to 1967’s The Graduate to one side: there aren’t many revelations about midlife crises in this cleverly penned yet strangely flat ensemble rom-com, awkwardly pitched at almost every demographic at the cineplex. There’s the middle-aged romance that’s withered at the vine: nice but boring family man Cal (Steve Carell) finds himself at a hopeless loss when wife and onetime teenage sweetheart Emily (Julianne Moore) tells him she wants a divorce and she’s slept with a coworker (Kevin Bacon). He ends up waxing pathetic at a slick nightclub where he catches the eye of the well-dressed, spray-tanned smoothie Jacob (Ryan Gosling), who appears to have taken his ladies man stance from the Clooney playbook. It’s manly makeover time: GQ meets Pretty Woman (1990)! Cut to Cal and Emily’s babysitter Jessica (Analeigh Tipton), who is crushing out on Cal, while the separated couple’s tween Robbie (Jonah Bobo) hankers for Jessica. Somehow Josh Groban worms his way into the mix as the dullard suitor of Hannah (Emma Stone) in a hanging chad of a storyline that must somehow be resolved in this mad, mad, mad, mad — actually, the problem with Crazy, Stupid, Love is that it isn’t really that crazy. It tries far too hard to please everybody in the theater to its detriment, reminding the viewer of a tidy, episodic TV series (albeit a quality effort) like Modern Family more than an actual film. Likewise I yearned for a way to fast-forward through the too-cute Jessica-Robbie scenes in order to get back to the sleazy-smart, punchy complexity of Gosling, playing adeptly off both Carrell and Stone. (1:58) SF Center, Shattuck, Sundance Kabuki. (Chun)

The Debt On paper, The Debt has a lot going for it: captivating history-based plot, “it” actor Jessica Chastain, Helen Mirren vs. Nazis. And while the latest from John Madden (1998’s Shakespeare in Love) is fairly entertaining, the film is ultimately forgettable. Chastain plays Rachel, a member of an Israeli team tasked with capturing a Nazi war criminal and bringing him to justice. Mirren is the older Rachel, who is haunted by the long-withheld true story of the mission. Although The Debt traffics in spy secrets, it’s actually rather predictable: the big reveal is shrug-worthy, and the shocking conclusion is expected. So while the entire cast — which also includes Tom Wilkinson, Sam Worthington, and Ciaran Hinds — turn in admirable performances, the script is lacking what it needs to make The Debt an effective drama or thriller. Like 2008’s overrated The Reader, the film tries to hide its inadequacies under heavy themes and the dread with which we remember the Holocaust. (1:54) Four Star, 1000 Van Ness, Sundance Kabuki. (Peitzman)

Detective Dee and the Mystery of the Phantom Flame (2:02) Embarcadero, Shattuck, Sundance Kabuki.

*Drive Such a lovely way to Drive, drunk on the sensual depths of a lush, saturated jewel tone palette and a dreamlike, almost luxurious pacing that gives off the steamy hothouse pop romanticism of ’80s-era Michael Mann and David Lynch — with the bracing, impactful flecks of threat and ultraviolence that might accompany a car chase, a moody noir, or both, as filtered through a first-wave music video. Drive comes dressed in the klassic komforts — from the Steve McQueen-esque stances and perfectly cut jackets of Ryan Gosling as the Driver Who Shall Remain Nameless to the foreboding lingering in the shadows and the wittily static, statuesque strippers that decorate the background. Gosling’s Driver is in line with Mann’s other upstanding working men who hew to an old-school moral code and are excellent at what they do, regardless of what side of the law they’re working: he likes to keep it clear and simple — his services as a wheelman boil down to five minutes, in and out — but matters get messy when he falls for sweet-faced neighbor Irene (Carey Mulligan), who lives down the hall with her small son, and her ex-con husband (Oscar Isaac) is dragged back into the game. Populated by pungent side players like Albert Brooks, Bryan Cranston, Ron Perlman, and Christina Hendricks, and scattered with readily embeddable moments like a life-changing elevator kiss that goes bloodily wrong-right, Drive turns into a real coming-out affair for both Danish director Nicolas Winding Refn (2008’s Bronson), who rises above any crisis of influence or confluence of genre to pick up the po-mo baton that Lynch left behind, and 2011’s MVP Ryan Gosling, who gets to flex his leading-man muscles in a truly cinematic role, an anti-hero and under-the-hood psychopath looking for the real hero within. (1:40) Empire, 1000 Van Ness, Presidio, SF Center, Sundance Kabuki. (Chun)

*The Future Dreams and drawings, cats and fantasies, ambition and aimlessness, and the mild-mannered yet mortifying games people play, all wind their way into Miranda July’s The Future. The future’s a scary place, as many of us fully realize, even if you hide from it well into your 30s, losing yourself in the everyday. But you can’t duck July’s collection of moments, objects, and small gestures transformed into something strangely slanted and enchanted, both weird and terrifying, when viewed through July’s looking glass. Care and commitment — to oneself and others — are two vivid threads running through The Future. Cute couple Sophie (July) and Jason (Hamish Linklater) — unsettling look-alikes with their curly crops — appear at first to be sailing contently, aimlessly toward an undemanding unknown: Jason works from home as a customer-service operator, and Sophie attempts to herd kiddies as a children’s dance instructor. But enormous, frightening demands beckon — namely the oncoming adoption of a special-needs feline named Paw-Paw (voiced by July as if it’s a traumatized, innocent child). Lickety-splitsville, they must be all they can be before Paw-Paw’s arrival. The weirdness of the familiar, and the kindness of strangers, become ways into fantasy and escape when the couple bumps up against the limits of their imagination. This ultra-low-key horror movie of the banal is obviously remote territory for July (2005’s Me and You and Everyone We Know). The Future is her best film to date and finds her tumbling into a kind of magical realism or plastic fantastic, embodied by a talking cat that becomes the conscience of the movie. (1:31) Roxie. (Chun)

The Guard Irish police sergeant Gerry Boyle (Brendan Gleeson) is used to running his small town on his own terms — not in a completely Bad Lieutenant (1992) kind of way, though he’s not afraid to sample drugs and hang with hookers. More like, he’s been running the show for years, and would prefer that big-city cops stay the hell out of his village. Alas, a gang of drug smugglers is doing business in the area, so an officious group of investigators from Dublin (horrors!) and America (in the form of an FBI agent played by Don Cheadle) soon descend. His mother’s dying, his brand-new partner’s missing, and between all the interlopers on both sides of the law, Boyle’s having a hard time having a pint in peace. Good thing he’s not as simple-minded as all who surround him think he is. Writer-director John Michael McDonagh (brother of playwright Martin, who directed 2008’s In Bruges — also starring Gleeson) puts an affable Irish spin on what’s essentially a pretty typical indie comedy, with some pretty typical crime-drama elements layered atop. Boyle’s character is memorably clever, but the film that contains him never quite elevates to his level. (1:36) Lumiere, Shattuck, Sundance Kabuki. (Eddy)

*The Hedgehog You needn’t possess the rough, everyday refinement of the characters of The Hedgehog to appreciate this debut feature by director-screenwriter Mona Achache — just an appreciation for a delicate touch and a tender heart. Eleven-year-old Paloma (the wonderful Garance Le Guillermic) is too smart for her own good, bored, neglected by her parents, and left to fend for herself with only her considerable imagination and a camcorder. She drifts around her fishbowl of privilege, a deluxe art nouveau-style apartment building in Paris, leveling her all-too-wise gaze on its denizens and plotting certain suicide on her 12th birthday — that is until a new resident appears in her viewfinder: a kindly Japanese gentleman Kakuro Ozu (Togo Igawa). He has as much of a connoisseur’s eye as Paloma — the proof is in his unlikely focus of attention, the building’s concierge Renée Michel (Josiane Balasko, resembling a burly Gertrude Stein), who hides her cultured and bookish inclinations behind a gruff, drab exterior. They recognize in each other a reverence for an almost monkish life of the mind, the austere elegance of wabi-sabi, and the transient beauty of rough-hewn imperfection, even in the sleek, well-heeled heart of the City of Light. To the credit of Achache, working with Muriel Barbery’s novel, these unlikely fragile friendships between outsiders take hold in a way that sidesteps preciousness and stays with you long after its pages have turned. (1:40) Smith Rafael. (Chun)

The Help It’s tough to stitch ‘n’ bitch ‘n’ moan in the face of such heart-felt female bonding, even after you brush away the tears away and wonder why the so-called help’s stories needed to be cobbled with those of the creamy-skinned daughters of privilege that employed them. The Help purports to be the tale of the 1960s African American maids hired by a bourgie segment of Southern womanhood — resourceful hard-workers like Aibileen (Viola Davis) and Minny (Octavia Spencer) raise their employers’ daughters, filling them with pride and strength if they do their job well, while missing out on their own kids’ childhood. Then those daughters turn around and hurt their caretakers, often treating them little better than the slaves their families once owned. Hinging on a self-hatred that devalues the nurturing, housekeeping skills that were considered women’s birthright, this unending ugly, heartbreaking story of the everyday injustices spells separate-and-unequal bathrooms for the family and their help when it comes to certain sniping queen bees like Hilly (Bryce Dallas Howard). But the times they are a-changing, and the help get an assist from ugly duckling of a writer Skeeter (Emma Stone, playing against type, sort of, with fizzy hair), who risks social ostracism to get the housekeepers’ experiences down on paper, amid the Junior League gossip girls and the seismic shifts coming in the civil rights-era South. Based on the best-seller by Kathryn Stockett, The Help hitches the fortunes of two forces together — the African American women who are trying to survive and find respect, and the white women who have to define themselves as more than dependent breeders — under the banner of a feel-good weepie, though not without its guilty shadings, from the way the pale-faced ladies already have a jump, in so many ways, on their African American sisters to the Keane-eyed meekness of Davis’ Aibileen to The Help‘s most memorable performances, which are also tellingly throwback (Howard’s stinging hornet of a Southern belle and Jessica Chastain’s white-trash bimbo-with-a-heart-of-gold). (2:17) California, Empire, 1000 Van Ness, Presidio, SF Center, Sundance Kabuki. (Chun)

I Don’t Know How She Does It I don’t know how a likable comedian like Sarah Jessica Parker does it — meaning, such mediocre material as this mom-com. Parker may have parlayed her Sex and the City fame into a fashion, fragrance, and spin-off franchises, but she still hasn’t quite found her stride away from Carrie Bradshaw, though her Lucille Ball-esque physical comedy here — pulling down her skirt in mid-mommy-frazzle in front of her high-powered client — can be cute. Kate (Parker) just might be the busiest mom in the world: she’s juggling two kids, a hubby whose own career is on the rise (Greg Kinnear), and a major fund idea, which she has to sell to an attractive banking bigwig (Pierce Brosnan). Poor, poor privileged mom — in the trenches of the still-unadorable field of banking, with her obviously sizable salary, enviable Boston duplex, flaky-nice nanny, and bubbly single-mom friend (Christina Hendricks)! The biggest assist comes from her careerist aide, played by Olivia Munn, who grabs the biggest laughs with her deadpan delivery. (1:35) 1000 Van Ness. (Chun)

The Lion King 3D (1:29) 1000 Van Ness, SF Center, Shattuck, Sundance Kabuki.

*Love Crime Early this year came the announcement that Brian De Palma was hot to do an English remake of Alain Corneau’s Love Crime. The results, should they come to fruition, may well prove a landmark in the annals of lurid guilty-pleasure trash. But with the original Love Crime finally making it to local theaters, it’s an opportune moment to be appalled in advance about what sleazy things could potentially be done to this neat, dry, fully clothed model of a modern Hitchcockian thriller. No doubt in France Love Crime looks pretty mainstream. But here its soon-to be-despoiled virtues of narrative intricacy and restraint are upscale pleasures. Ludivine Sagnier plays assistant to high-powered corporate executive Christine (Kristin Scott Thomas). The boss enjoys molding protégée Isabelle to her own image, making them a double team of carefully planned guile unafraid to use sex appeal as a business strategy. But Isabelle is expected to know her place — even when that place robs her of credit for her own ideas — and when she stages a small rebellion, Christine’s revenge is cruelly out of scale, a high-heeled boot brought down to squash an ant. Halfway through an act of vengeance occurs that is shocking and satisfying, even if it leaves the remainder of Corneau and Nathalie Carter’s clever screenplay deprived of the very thing that had made it such a sardonic delight so far. Though it’s no masterpiece, Love Crime closes the book on his Corneau’s career Corneau (he died at age 67 last August) not with a bang but with a crisp, satisfying snap. (1:46) Albany, Clay, Smith Rafael. (Harvey)

Mary Lou A musical fable for fans of Glee, Hedwig and the Angry Inch (2001), The Adventures of Priscilla, Queen of the Desert (1994), and Bollywood, the latest from Eytan Fox (2002’s Yossi and Jagger) is a drag-flavored dramedy (Israel’s first?) Originally a hit miniseries in its home country, Mary Lou screens at the Castro in one big chunk jammed with singing, dancing, and a dreamy cast. Pouty Ido Rosenberg stars as Meir, a gay boy obsessed with finding the mother who left him when he was 10. After a disastrous graduation party, Meir flees his homophobic high school for the worldly environs of Tel Aviv, where he soon becomes a drag star named Mary Lou, after his mother’s favorite song. Love, loss, friendship, tragedy, joy, coming-of-age, and quite a few elaborate musical numbers soon transpire — the plot is not without clichés, to be sure, but it’s hard to hate on anything possessed of such sparkly energy. Not familiar with Svika Pick, the Israeli legend whose music provides much of the soundtrack? It matters not, especially if you’re a fan of deliriously corny pop tunes. (2:30) Castro. (Eddy)

Midnight in Paris Owen Wilson plays Gil, a self-confessed “Hollywood hack” visiting the City of Light with his conservative future in-laws and crassly materialistic fiancée Inez (Rachel McAdams). A romantic obviously at odds with their selfish pragmatism (somehow he hasn’t realized that yet), he’s in love with Paris and particularly its fabled artistic past. Walking back to his hotel alone one night, he’s beckoned into an antique vehicle and finds himself transported to the 1920s, at every turn meeting the Fitzgeralds, Gertrude Stein (Kathy Bates), Dali (Adrien Brody), etc. He also meets Adriana (Marion Cotillard), a woman alluring enough to be fought over by Hemingway (Corey Stoll) and Picasso (Marcial di Fonzo Bo) — though she fancies aspiring literary novelist Gil. Woody Allen’s latest is a pleasant trifle, no more, no less. Its toying with a form of magical escapism from the dreary present recalls The Purple Rose of Cairo (1985), albeit without that film’s greater structural ingeniousness and considerable heart. None of the actors are at their best, though Cotillard is indeed beguiling and Wilson dithers charmingly as usual. Still — it’s pleasant. (1:34) Albany, Embarcadero, Piedmont. (Harvey)

Mozart’s Sister Pity the talented sister of a world-shaking prodigy. Maria Anna “Nannerl” Mozart, who may have had just as much promise as a composer as her younger brother, according to Rene Féret’s Mozart’s Sister. A scant five years older, enlisted in the traveling family band led by father-teacher Leopold (Marc Barbe), yet forced to hide her music, being female and forbidden to play violin and compose, Nannerl (Marie Féret, the filmmaker’s daughter) tours the courts of Europe and is acclaimed as a keyboardist and vocalist but is expected to share little of her brother’s brilliant future. Following a chance carriage breakdown near a French monastery, Nannerl befriends one of its precious inhabitants, a daughter of Louis XV (Lisa Féret, another offspring), which leads her to Versailles, into a cross-dressing guise of a boy, and puts her into the sights of the Dauphin (Clovis Fouin, who could easily find a spot in the Cullen vampire clan). He’s seduced by her music and likewise charms Nannerl with his power and feline good looks — what’s a humble court minstrel to do? The conceit of casting one’s daughters in a narrative hinging on unjustly neglected female progeny — shades of Sofia Coppola in The Godfather: Part III (1990)! — almost capsizes this otherwise thoughtful re-imagination of Maria Anna’s thwarted life; despite the fact Féret has inserted his children in his films in the past, both girls offer little emotional depth to their roles. Nevertheless, as a feminist rediscovery pic akin to Camille Claudel (1988), Mozart’s Sister instructs on yet another tragically quashed woman artist and might inspire some righteous indignation. (2:00) Bridge, Shattuck, Smith Rafael. (Chun)

*One Day Why do romantic comedies get such a bad rap? Blame it on the lame set-up, the contrived hurdles artificially buttressed by the obligatory chorus of BFFs, the superficial something-for-every-demographic-with-ADD multinarrative, and the implausible resolutions topped by something as simple as a kiss or as conventional as marriage, but often no deeper, more crafted, or heartfelt than an application of lip gloss. Yet the lite-as-froyo pleasures of the genre don’t daunt Danish director Lone Scherfig, best known for her deft touch with a woman’s story that cuts closer to the bone, with 2009’s An Education. Her new film, One Day, based on the best-selling novel by David Nicholls, flirts with the rom-com form — from the kitsch associations with Same Time, Next Year (1978) to the trailer that hangs its love story on a crush — but musters emotional heft through its accumulation of period details, a latticework of flashbacks, and collection of encounters between its charming protagonists: upper-crusty TV presenter Dexter (Jim Sturgess) and working-class aspiring writer Emma (Anne Hathaway). Their quickie university friendship slowly unfolds, as they meet every St. Swithin’s Day, July 15, over a span of years, into the most important relationship of their lives. Despite the blue-collar female lead and UK backdrop that it shares with An Education, One Day feels like a departure for Scherfig, who first found international attention for her award-winning Dogme 95-affiliated Italian for Beginners (2000). (1:48) 1000 Van Ness, Piedmont. (Chun)

*Our Idiot Brother If you thought 1998’s The Big Lebowski had eked all the humor that it could from the Dude, well, screenwriter (and Vanity Fair contributor) Evgenia Peretz, her not-so-idiotic brother (director Jesse Peretz), and star Paul Rudd would differ. They correctly guessed that there are still laughs to be wrung from a shaggy stoner in floral jams, only this time with less fuuuck-s and more benevolent, idiot-savant good vibrations. Dazed and confused broheim 2.0 (Rudd) is glimpsed through the jaded, harried prism of his three dysfunctional, supposedly normal sisters: frumpadelic mom Liz (Emily Mortimer), queen-bitch Vanity Fair writer Miranda (Elizabeth Banks), and slatternly would-be comedian Natalie (Zooey Deschanel). A good-hearted naïf who’s easily entrapped by a uniformed police officer claiming to need some pity doobage, Ned has just emerged from the joint and is now couch-surfing among his sibs, exposing the hypocrisies of bourgie-hipster Brooklyn, as well as the infidelities and vanities of family, friends, and partners (Steve Coogan, Rashida Jones, Adam Scott, and Hugh Dancy) as he goes, in his own good-natured, aw-shucks way. As innocuous (and desexualized) as Andy Griffith beneath the hippie trappings, this dude-with-a-little-d knows where his real family is — with his dog, Willie Nelson, who loves him just as unconditionally. Beastie besties have never seemed so innocent as they are in this proudly feel-good comedy, and despite a cringe-y, saccharine soundtrack and lackadaisical pacing, Rudd’s charismatic sunny slacker and some pointed jabs at the follies of the cooler-than-thou save this indie-that-could. (1:36) 1000 Van Ness, Sundance Kabuki. (Chun)

*Point Blank Not for nothing did Hollywood remake French filmmaker Fred Cavaye’s last film, Anything for Her (2008) as The Next Three Days (2010) — Cavaye’s latest, tauter-than-taut thriller almost screams out for a similar rework, with its Bourne-like handheld camera work, high-impact immediacy, and noirish narrative economy. Point Blank — not to be confused with the 1967 Lee Marvin vehicle —kicks off with a literal slam: a mystery man (Roschdy Zem) crashing into a metal barrier, on the run from two menacing figures until he is cornered and then taken out of the action by fate. His mind mainly on the welfare of his very pregnant wife Nadia (Elena Anaya), nursing assistant Samuel (Gilles Lellouche) has the bad luck to stumble on a faux doctor attempting to make sure that the injured man never rises from his hospital bed. As police wrangle over whose case this exactly is — the murder of an industrialist seems to have expanded the powers of the stony-faced, monolithic Commandant Werner (Gerard Lanvin) — Samuel gets sucked into the mystery man’s lot, a conspiracy that allows them to trust no one, and seemingly impossibly odds against getting out of the mess alive. Cavaye never quite stops applying the pressure in this clever, unrelenting cat-and-mouse and mouse-and-his-spouse game, topping it with a nerve-jangling search through a messily chaotic police station. (1:24) Opera Plaza. (Chun)

*Rise of the Planet of the Apes “You gotta love a movie where the animals beat up on the humans,” declared my Rise of the Planet of the Apes companion. Indeed, ape must not kill ape, and this Planet of the Apes prequel-cum-remake of Conquest of the Planet of the Apes (1972) takes the long view, back to the days when ape-human relations were still high-minded enough to forbid smart apes from killing those well-armed, not-so-bright humanoids. I was a fan of the original series, but honestly, I approached Rise with trepidation: I dreaded the inevitable scenes of human cruelty meted out to exploited primates — the current wave of chimp-driven films seems focused on holding a scary, shaming mirror up to the two-legged mammalian violence toward their closest living genetic relatives. It’s a contrast to the original series, which provided prisms with which to peer at race relations and generational conflict. But I needn’t have feared this PG-13 “reboot.” There’s little CGI-driven gore, apart from the visceral opening and the showdown, though the heartbreak remains. Scientist Will (James Franco, brow perpetually furrowed with worry) is working to find a medicine designed to supercharge the brain in the wake of Alzheimer’s — a disease that has struck down his father (John Lithgow). When the experimental chimp that responds to his serum becomes violently aggressive, the project is shut down, although the primate leaves behind a surprise: a baby chimp that Will and his father name Caesar and raise like a beloved child in their idyllic Bay Area Victorian. Growing in intelligence as he matures, Caesar finds himself torn by an existential dilemma: is he a pet or a mammal with rights that must be respected? Rise becomes Caesar’s story, rendered in heart-wrenching, exhilarating ways — to director Rupert Wyatt and his team’s credit you don’t miss the performance finesse of Roddy McDowell and Kim Hunter in groundbreaking prosthetic ape face in the original movies — while resolving at least one question about why humans gave up the globe to the primates. One can only imagine the next edition will take care of the lingering question about how even the cleverest of apes will feed themselves in Muir Woods. (1:50) 1000 Van Ness, SF Center. (Chun)

Sarah’s Key (1:42) Four Star, Opera Plaza.

*Senna When Ayrton Senna died in 1994 at the age of 34, he had already secured his legacy as one of the greatest and most beloved Formula One racers of all time. The three-time world champion was a hero in his native Brazil and a respected and feared opponent on the track. This eponymous documentary by director Asif Kapadia is nearly as dynamic as the man himself, with more than enough revving engines and last minute passes to satisfy your lust for speed and a decent helping Ayrton’s famous personality as well. Senna was a champion, driven to win even as the sometimes-backhanded politics of the racing world stood in his way. A tragic figure, maybe, but a legend nonetheless. You don’t have to be an F1 fan to appreciate this film, but you may wind up one by the time the credits roll. (1:44) Opera Plaza, Smith Rafael. (Cooper Berkmoyer)

Straw Dogs Never could I have predicted there would be a day when the violent finale of Straw Dogs would be met with raucous cheers. The original 1971 film was produced within a morally ambiguous social climate and remains one of director Sam Peckinpah’s most controversial efforts; contemporary audiences trained to applaud a payoff of blood and gore are likely in the wrong headspace for a film like this. The remake, which sends a good-natured screenwriter (James Marsden) on a retreat in his wife’s (Kate Bosworth) sweaty Southern hometown where they find themselves at odds with a group of good ol’ boys, remains powerful and just as uncomfortable and mean as Peckinpah’s version, but it’s in service of a moral outcome that’s more in line with its commercial placement: ultimately it takes the road of “man becomes protector” over “man becomes monster.” If you have no interest in the original, you will find a fair bit of talent in this remake, but without the cynical attitude it can be hard to separate Straw Dogs from any other horror-movie-of-the-week. (1:50) 1000 Van Ness, SF Center, Shattuck. (Galvin)

The Tree of Life Mainstream American films are so rarely adventuresome that overreactive gratitude frequently greets those rare, self-conscious, usually Oscar-baiting stabs at profundity. Terrence Malick has made those gestures so sparingly over four decades that his scarcity is widely taken for genius. Now there’s The Tree of Life, at once astonishingly ambitious — insofar as general addressing the origin/meaning of life goes — and a small domestic narrative artificially inflated to a maximally pretentious pressure-point. The thesis here is a conflict between “nature” (the way of striving, dissatisfied, angry humanity) and “grace” (the way of love, femininity, and God). After a while Tree settles into a fairly conventional narrative groove, dissecting — albeit in meandering fashion — the travails of a middle-class Texas household whose patriarch (a solid Brad Pitt) is sternly demanding of his three young sons. As a modern-day survivor of that household, Malick’s career-reviving ally Sean Penn has little to do but look angst-ridden while wandering about various alien landscapes. Set in Waco but also shot in Rome, at Versailles, and in Saturn’s orbit (trust me), The Tree of Life is so astonishingly self-important while so undernourished on some basic levels that it would be easy to dismiss as lofty bullshit. Its Cannes premiere audience booed and cheered — both factions right, to an extent. (2:18) California, Lumiere. (Harvey)

*Warrior Those wondering why the mixed martial arts scene has captured the imagination of so many can finally understand what the fuss is all about, now that it comes filtered through a melodramatic narrative akin to The Fighter (2010). Warrior‘s mis-en-scene is immediately recognizable: a prodigal returns, in the form of Tom Conlon (Tom Hardy). Once a talented teenage wrestler, the now-battered man is the damaged youngest son of alcoholic ex-boxer Paddy Conlon (Nick Nolte). Tom wants his father to train him for a major mixed martial arts tournament with a multimillion-dollar purse, though the two obviously still have a deadly hold on each other — the repentant Paddy is on the wagon and the emotionally bruised Tom harbors secrets he won’t reveal — and battle with cutting comments rather than fists. Tom isn’t the only prodigal in the house: Paddy has lost the trust of Tom’s bro, Brendan (Joel Edgerton), a former fighter and present-day physics high school teacher who’s struggling to make ends meet with an underwater mortgage. Though Warrior is no Raging Bull (1980), it almost outdukes The Fighter in terms of its brutal bouts, conveying the swift, no-holds-barred action of MMA in the ring, while giving actors plenty of drama to wrap their jowls ’round — particularly in Nolte’s case. His tore-up turn as an all-excuses patriarch is as heartbreaking as a solid kick to the jaw. (2:19) California, 1000 Van Ness, SF Center. (Chun)

 

Film listings are edited by Cheryl Eddy. Reviewers are Kimberly Chun, Michelle Devereaux, Max Goldberg, Dennis Harvey, Louis Peitzman, Lynn Rapoport, Ben Richardson, and Matt Sussman. For rep house showtimes, see Rep Clock.

SF’s foreclosure crisis

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EDITORIAL Here’s a great issue for the San Francisco mayor’s race: The big banks that the city uses to hold nearly half a billion in cash deposits are part of a group of financial institutions that are costing the taxpayers $115 million.

That’s the amount the city will wind up paying to cover the lost property taxes and other costs associated with home foreclosures, according to a new report. And the authors of the report, the Community Reinvestment Coalition and the Alliance of Californians for Community Empowerment, estimate that San Francisco homeowners are going to lose a total of $6.9 billion in value because of the foreclosure crisis.

Most of the discussion around foreclosures has focused on the national picture — but there’s plenty the city can do.

The numbers are alarming: 16,355 San Francisco homeowners are underwater on their mortgages, meaning they owe more than the house is currently worth. By 2012, the report estimates, 12,410 local homes will be in foreclosure.

That means 12,400 families facing displacement — which adds to the homeless crisis, puts more pressure on the rental housing market and most likely will force many people who work in the city to find housing a long commute away.

Foreclosures also drive down the value of neighboring property — which means the city collects less property tax. The cost of sending deputy sheriffs out to evict families, of patrolling and monitoring vacant houses, dealing with increased crime in the area — all of that adds up. According to the report, every foreclosure costs the city $19,229. Add up the loss of property taxes and the direct costs to taxpayers and the bill exceeds $115 million.

Two of the top four banks involved in foreclosures in California are Wells Fargo and Bank of America. Those just happen to be two of the three banks that have to contract to handle the city’s cash accounts — which contain $406 million, according to an Aug. 16, 2011 report by Budget Analyst Harvey Rose. So the city is giving its money to banks that are costing the city money.

The banks aren’t paupers, either — and have accepted huge amounts of federal tax money. B of A and Wells together received $270 billion in bailout money — and both are now making nice profits (enough that the CEO of Wells, John Stumpf, earned $17 million last year). They can afford to write down the underwater mortgages and arrange for foreclosure relief for people behind on the bills.

The report suggests that the banks be charged a fee — between $10,000 and $20,000 — for each foreclosure. That would offset the costs and provide a disincentive for throwing families out on the street. The candidates for mayor ought to be pushing that — but the city can do more.

The supervisors ought to call a hearing on the crisis and demand that the B of A and Wells executives come down and explain why they’re moving so slowly on write-downs and relief. And they should be told, in very clear terms, that the city will no longer put a penny of its money in banks that are damaging, instead of investing in, San Francisco.

Editorial: SF’s foreclosure crisis–the city shouldn’t put another penny in banks that are destroying San Francisco

8

 

Here’s a great issue for the San Francisco mayor’s race: The big banks that the city uses to hold nearly half a billion in cash deposits are part of a group of financial institutions that are costing the taxpayers $115 million.

That’s the amount the city will wind up paying to cover the lost property taxes and other costs associated with home foreclosures, according to a new report. And the authors of the report, the Community Reinvestment Coalition and the Alliance of Californians for Community Empowerment, estimate that San Francisco homeowners are going to lose a total of $6.9 billion in value because of the foreclosure crisis.

Most of the discussion around foreclosures has focused on the national picture — but there’s plenty the city can do.

The numbers are alarming: 16,355 San Francisco homeowners are underwater on their mortgages, meaning they owe more than the house is currently worth. By 2012, the report estimates, 12,410 local homes will be in foreclosure.

That means 12,400 families facing displacement — which adds to the homeless crisis, puts more pressure on the rental housing market and most likely will force many people who work in the city to find housing a long commute away.

Foreclosures also drive down the value of neighboring property — which means the city collects less property tax. The cost of sending deputy sheriffs out to evict families, of patrolling and monitoring vacant houses, dealing with increased crime in the area — all of that adds up. According to the report, every foreclosure costs the city $19,229. Add up the loss of property taxes and the direct costs to taxpayers and the bill exceeds $115 million.

Two of the top four banks involved in foreclosures in California are Wells Fargo and Bank of America. Those just happen to be two of the three banks that have to contract to handle the city’s cash accounts — which contain $406 million, according to an Aug. 16, 2011 report by Budget Analyst Harvey Rose. So the city is giving its money to banks that are costing the city money.

The banks aren’t paupers, either — and have accepted huge amounts of federal tax money. B of A and Wells together received $270 billion in bailout money — and both are now making nice profits (enough that the CEO of Wells, John Stumpf, earned $17 million last year). They can afford to write down the underwater mortgages and arrange for foreclosure relief for people behind on the bills.

The report suggests that the banks be charged a fee — between $10,000 and $20,000 — for each foreclosure. That would offset the costs and provide a disincentive for throwing families out on the street. The candidates for mayor ought to be pushing that — but the city can do more.

The supervisors ought to call a hearing on the crisis and demand that the B of A and Wells executives come down and explain why they’re moving so slowly on write-downs and relief. And they should be told, in very clear terms, that the city will no longer put a penny of its money in banks that are damaging, instead of investing in, San Francisco.

 

Film Listings

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OPENING

*All She Can Muscle Milkers and protein powderheads might want to bottle the ferocity of Texas-small-town teen Luz Garcia (Corina Calderon): it’s all heat, marathon-level work ethic, and can-do pigheaded mettle — hold the heavy metals. Instead, Luz presses, or rather lifts, really heavy metal — her opportunity to rise above her Mexican American family’s working-class lot is to attend University of Texas at Austin on a scholarship pegged on winning the state power lifting championships. Unfortunately, there’s a gauntlet of obstacles facing the teenager: her family is struggling with the burden of debt, boyfriend Raynaldo (Jeremy Ray Valdez) is tempting her with performance-enhancement drugs, and Luz has a bit of an anger-management issue, so much so that her abuela (Julia Vera) is rubbing eggs on her and taking her to a bruja to exorcise her demons. In Luz’s favor, however, is filmmaker Amy Wendel, who has an empathetic, attentive eye for the petite blue-collar powerhouse who can dead lift 280 pounds yet must struggle to find her balance in the world. Screening as part of the Maya Indie Film Series. (1:36) Opera Plaza. (Chun)

Aurora Critics have been divided over Cristi Puiu’s Aurora since its 2010 Cannes debut. It’s not hard to see why: even filmgoers who loved Puiu’s 2005 The Death of Mr. Lazarescu, or are obsessed with Romania’s newly thriving film industry, or even enjoy films that are deliberately slow-moving and enigmatic (like 1975’s Jeanne Dielman) still may want to give Aurora a pass. For three hours, a man (played by Puiu) putters, drives around, spies, and has a series of increasingly frustrating and futile encounters (with neighbors, relatives, co-workers, and strangers). When a firearm appears around 45 minutes in, it seems that something might finally happen, but it’s no spoiler to reveal that the motivation behind what does happen is barely explained, and also that the events unfold in inscrutable long shots. It’s clear by the film’s extreme length that Puiu wants viewers to feel mind-numbed by his deconstructed genre film (its working title was the perhaps too-literal Scenes from a Crime). The artistic effort is admirable, but be warned: there’s a fine line between “challenging” and “boring.” (3:01) SFFS New People Cinema. (Eddy)

*Cold Fish Did you love (or find yourself baffled by) Sion Sono’s Love Exposure during its Roxie run? Sono’s Cold Fish is similarly occupied with indoctrination, masochism, and extreme behavior. However, it’s also somewhat better able to sustain a tone of hysteria escalating toward dementia. An unhappy family (father Mitsuru Fukikoshi, daughter Hikari Kajiwara, stepmother Megumi Kagurazaka) is yanked into the orbit of a tropical-fish tycoon (Denden) who at first seems a boisterous benefactor providing shock therapy to their depressed lives out of simple altruism. But he and his bombshell wife (Asuka Kurosawa) soon reveal sides not just sinister but psychopathic, ensnaring all three in diabolical doings that encompass murder, rape, grisly corpse disposals, and more. Structured like Love Exposure as one long countdown to a transformative moment, Cold Fish pushes black comedy way beyond the bounds of taste with an oddly neutralizing good cheer. It’s a manic Grand Guignol set to the soothing kitsch strains of retro Hawaiian-flavored lounge music. (2:24) Roxie. (Harvey)

*Connected: An Autoblogography About Love, Death, and Technology Local filmmaker Tiffany Shlain (founder of the Webby Awards) takes a look at 21st century connections, both technological and personal, in this documentary. And the film gets very personal at times; constructed mostly as a video collage (using animation, stock footage, etc.), its few original clips come from Shlain family movies, which become more poignant when it’s revealed that the filmmaker’s beloved father, an author and brain surgeon, is dying of brain cancer. Shlain’s film draws some of its themes from her father’s 1999 book The Alphabet Versus the Goddess, a study of literacy’s effect on male-female dynamics over history, and the film is dedicated to him. But though the Shlain family’s struggles with loss and life (the filmmaker was pregnant when her father died) form Connected‘s thru line, the film’s probing, lively exploration of links (on- and offline) is universally relatable, and ultimately quite thought-provoking. (1:20) Embarcadero, Shattuck. (Eddy)

Detective Dee and the Mystery of the Phantom Flame Tsui Hark directs this period epic starring Andy Lau and featuring fight choreography by Sammo Hung. (2:02) Embarcadero, Shattuck.

*Drive Such a lovely way to Drive, drunk on the sensual depths of a lush, saturated jewel tone palette and a dreamlike, almost luxurious pacing that gives off the steamy hothouse pop romanticism of ’80s-era Michael Mann and David Lynch — with the bracing, impactful flecks of threat and ultraviolence that might accompany a car chase, a moody noir, or both, as filtered through a first-wave music video. Drive comes dressed in the klassic komforts — from the Steve McQueen-esque stances and perfectly cut jackets of Ryan Gosling as the Driver Who Shall Remain Nameless to the foreboding lingering in the shadows and the wittily static, statuesque strippers that decorate the background. Gosling’s Driver is in line with Mann’s other upstanding working men who hew to an old-school moral code and are excellent at what they do, regardless of what side of the law they’re working: he likes to keep it clear and simple — his services as a wheelman boil down to five minutes, in and out — but matters get messy when he falls for sweet-faced neighbor Irene (Carey Mulligan), who lives down the hall with her small son, and her ex-con husband (Oscar Isaac) is dragged back into the game. Populated by pungent side players like Albert Brooks, Bryan Cranston, Ron Perlman, and Christina Hendricks, and scattered with readily embeddable moments like a life-changing elevator kiss that goes bloodily wrong-right, Drive turns into a real coming-out affair for both Danish director Nicolas Winding Refn (2008’s Bronson), who rises above any crisis of influence or confluence of genre to pick up the po-mo baton that Lynch left behind, and 2011’s MVP Ryan Gosling, who gets to flex his leading-man muscles in a truly cinematic role, an anti-hero and under-the-hood psychopath looking for the real hero within. (1:40) Presidio. (Chun)

Forged Strong performances mark the wintry, fateful indie Forged, which at times almost threatens to swallow up its players in its sooty, steel-town ambience. Two lives run in tandem: homeless teen Machito (David Castro) is scraping out a life alone, haunted by horrific memories, while father Chuco (Manny Perez) has just emerged from prison, released on good behavior and far from eager to return to his criminal past. Much stands between the father and son — Chuco murdered Machito’s mother in front of him, and has much to make up for. Dysfunctional grandmother Dianne (Margo Martindale) is little help. Will viewers care about these blighted figures, bundled up in the cold and attempting to thaw from the inside out? Director William Wedig dances with clichés, but the actors, particularly Perez, are critical in making us care about the outcome, positioned somewhere between Scranton, Penn., and oblivion. Screening as part of the Maya Indie Film Series.

(1:17) Opera Plaza. (Chun)

I Don’t Know How She Does It Sarah Jessica Parker stars in this comedy about a woman who struggles to balance her career, family, and (no doubt) fabulous wardrobe. (1:35) Presidio.

The Lion King 3D Hakuna matata — in your face! (1:29) Shattuck.

Mary Lou A musical fable for fans of Glee, Hedwig and the Angry Inch (2001), The Adventures of Priscilla, Queen of the Desert (1994), and Bollywood, the latest from Eytan Fox (2002’s Yossi and Jagger) is a drag-flavored dramedy (Israel’s first?) Originally a hit miniseries in its home country, Mary Lou screens at the Castro in one big chunk jammed with singing, dancing, and a dreamy cast. Pouty Ido Rosenberg stars as Meir, a gay boy obsessed with finding the mother who left him when he was 10. After a disastrous graduation party, Meir flees his homophobic high school for the worldly environs of Tel Aviv, where he soon becomes a drag star named Mary Lou, after his mother’s favorite song. Love, loss, friendship, tragedy, joy, coming-of-age, and quite a few elaborate musical numbers soon transpire — the plot is not without clichés, to be sure, but it’s hard to hate on anything possessed of such sparkly energy. Not familiar with Svika Pick, the Israeli legend whose music provides much of the soundtrack? It matters not, especially if you’re a fan of deliriously corny pop tunes. (2:30) Castro. (Eddy)

Mozart’s Sister Pity the talented sister of a world-shaking prodigy. Maria Anna “Nannerl” Mozart, who may have had just as much promise as a composer as her younger brother, according to Rene Féret’s Mozart’s Sister. A scant five years older, enlisted in the traveling family band led by father-teacher Leopold (Marc Barbe), yet forced to hide her music, being female and forbidden to play violin and compose, Nannerl (Marie Féret, the filmmaker’s daughter) tours the courts of Europe and is acclaimed as a keyboardist and vocalist but is expected to share little of her brother’s brilliant future. Following a chance carriage breakdown near a French monastery, Nannerl befriends one of its precious inhabitants, a daughter of Louis XV (Lisa Féret, another offspring), which leads her to Versailles, into a cross-dressing guise of a boy, and puts her into the sights of the Dauphin (Clovis Fouin, who could easily find a spot in the Cullen vampire clan). He’s seduced by her music and likewise charms Nannerl with his power and feline good looks — what’s a humble court minstrel to do? The conceit of casting one’s daughters in a narrative hinging on unjustly neglected female progeny — shades of Sofia Coppola in The Godfather: Part III (1990)! — almost capsizes this otherwise thoughtful re-imagination of Maria Anna’s thwarted life; despite the fact Féret has inserted his children in his films in the past, both girls offer little emotional depth to their roles. Nevertheless, as a feminist rediscovery pic akin to Camille Claudel (1988), Mozart’s Sister instructs on yet another tragically quashed woman artist and might inspire some righteous indignation. (2:00) Embarcadero, Shattuck, Smith Rafael. (Chun)

Straw Dogs Which is worse: a pointless remake of a classic movie, or a re-release of a classic movie with 3D slapped all over it? Discuss. (1:50) Shattuck.

ONGOING

Apollo 18 (1:26) Empire, 1000 Van Ness, SF Center.

*Bellflower Picture Two Lane Blacktop (1971) drifters armed with “dude”-centric vocabulary and an obsession with The Road Warrior (1981) and its apocalypse-wow survivalist chic. There are so many pleasures in this janky, so-very-DIY, heavy-on-the-sunblasted-atmosphere indie that you’re almost willing to overlook the clichés, the dead zones, and the annoying characters. Seeming every-dudes Woodrow (director-writer-producer Evan Glodell) and Aiden (Tyler Dawson) are far too obsessed with tricking out their cars and building a flamethrower for their own good — the misfits must force themselves out of the metal shop of the mind to meet women. So when Woodrow goes up against Milly (Jessie Wiseman) in a cricket-eating contest at a bar, it’s love at first bite. Their meet-gross morphs into a road trip and eventually a relationship, while the flamethrower nags, unexplained, in the background, like an unfired gun — or an unconsummated, not-funny bromance. These manifestations of male fantasy — muscle cars, weapons, and tough chicks — are cast in a dreamy, saturated, and burnt-at-the-edges light, as Glodell and company weave together barely articulated reveries and bad-new-west imagery with a kind of fuck-all intelligence, culminating in a finale that will either haunt you with its scattershot machismo-romanticism or leave you scratching your noggin wondering what just happened. (1:46) Roxie. (Chun)

Bucky Larson: Born to Be a Star (1:36) 1000 Van Ness.

Captain America: The First Avenger OK, Marvel. I could get behind 2008’s Iron Man (last year’s Iron Man 2, not so much), but after Thor and now Captain America, I’m starting to get cynical about this multi-year build-up to the full-on Avengers movie, due in May 2012. Can even a superhero-stuffed movie directed by Joss Whedon live up to all this hype? There’s plenty of time to ponder, and maybe worry a little, with Captain America’s backstory-explaining picture now in theaters. Chris Evans stars as the 90-pound weakling who morphs into a supersoldier, thanks to the World War II-era tinkerings of a scientist (Stanley Tucci) and an inventor (Dominic Cooper as Howard Stark, a.k.a. Iron Man’s dad). The original plan for the musclebound shield-bearer (fighting Nazis, natch) gets waylaid a bit when the newly famous Captain America becomes a PR prop for the U.S. government; it’s abandoned entirely when a worse-than-Hitler foe, in the guise of power-obsessed Red Skull (Hugo Weaving), threatens the world. Directed by Spielberg cohort Joe Johnston, Captain America is gee-whiz enjoyable enough, but it’s very nearly the same movie as Thor, which no amount of Tommy Lee Jones (as a sarcastic army colonel) wisecracks can conceal. And here’s an anti-spoiler: there’s no post-credits surprise in this one, so you can bolt as soon as they start to roll. (2:09) SF Center. (Eddy)

Chasing Madoff Bernie Madoff was a cold-blooded Ponzi schemer who ripped off billions from rich folks, average folks, little old ladies, children, charities, and so on, ruining lives while stoking the fire of the still-robust financial crisis. But he isn’t the only villain in Jeff Prosserman’s doc — there’s plenty of haterade left over to be (deservedly) dumped on the US Securities and Exchange Commission, which (willfully?) looked the other way for nearly a decade despite warnings about Madoff’s growing misdeeds. Chasing Madoff champions the few who dared speak up, chiefly fraud investigator Harry Markopolos, who badgered the SEC and the press for years and was eventually outed as the “Madoff whistleblower,” despite the fact that Madoff’s downfall came, more or less, when the man simply ran out of money. It was only after the fact that Markopolos gained fame by shaming the SEC with what must have been a deeply satisfying I-told-you-so testimony before Congress. Madoff’s crimes are so recent and notorious that anyone who watches this doc will already know what happens in the end; still, Chasing Madoff tries quite hard to build suspense. (As a result Markopolos comes off a bit paranoid — sure, Madoff may have had underworld connections, but do we really a re-enactment of Markopolos at the gun range, or groping ‘neath his minivan to check for car bombs?) Despite his ultimate triumph, Markopolos is reluctant to agree with anyone who calls him a hero, pointing out that because his findings were ignored, he wasn’t able to prevent Madoff from preying on more victims. The suicides associated with the Madoff collapse add an even sadder coda to the story. (1:31) Metreon. (Eddy)

Circumstance Thirteen (2003) goes to Tehran? The world of sex, drugs, and underground nightclubs in Iran provides the backdrop for writer-director Maryam Keshavarz’s lusty, dreamy take on the passionate teenagers behind the hijabs. Risking jail and worse are the sassy, privileged Atafeh (Nikohl Boosheri) and the beautiful, orphaned Shireen (Sarah Kazemy), who, much like young women anywhere, just want to be free — to swim, sing, dance, test boundaries, lose, and then find themselves. The difference here is that they’re under constant, unnerving surveillance, in a country where more than 70 percent of the population is less than 30 years old. Nevertheless, within their mansion walls and without, beneath graffitied walls and undulating at intoxicating house parties, the two girls begin to fall in love with each other, as Atafeh’s handsome, albeit creepy older brother Mehran (Palo Alto-bred Reza Sixo Safai) gazes on. The onetime musical talent’s back from rehab, has returned to the mosque with all the zeal of the prodigal, and has hooked up with the Morality Police that enforces the nation’s cultural laws. Filmed underground in Beirut, with layers that permit both pleasure and protest (wait for the hilarious moment when 2008’s Milk is dubbed in Farsi), Circumstance viscerally transmits the realities and fantasies of Iranian young women on the verge. (1:45) Embarcadero, Shattuck. (Chun)

Colombiana (1:47) 1000 Van Ness.

*Contagion Tasked with such panic-inducing material, one has to appreciate director Steven Soderbergh’s cool head and hand with Contagion. Some might even dub this epic thriller (of sorts) cold, clinical, and completely lacking in bedside manner. Still, for those who’d rather be in the hands of a doctor who refuses to talk down to the patient, Contagion comes on like a refreshingly smart, somewhat melodrama-free clean room, a clear-eyed response to a messy, terrifying subject. A deadly virus is spreading swiftly — sans cure, vaccine, or sense — starting with a few unlikely suspects: globe-trotting corporate exec Beth (Gwyneth Paltrow), a waiter, a European tourist, and a Japanese businessman. The chase is on to track the disease’s genesis and find a way to combat it, from the halls of the San Francisco Chronicle and blog posts of citizen activist-journalist Alan (Jude Law), to the emergency hospital in the Midwest set up by intrepid Dr. Mears (Kate Winslet), to a tiny village in China with a World Health investigator (Marion Cotillard). Soderbergh’s brisk, businesslike storytelling approach nicely counterpoints the hysteria going off on the ground, as looting and anarchy breaks out around Beth’s immune widower Mitch (Matt Damon), and draws you in — though the tact of making this disease’s Typhoid Mary a sexually profligate woman is unsettling and borderline offensive, as is the predictable blame-it-on-the-Chinese origin coda. (1:42) Balboa, California, Empire, Marina, 1000 Van Ness, Sundance Kabuki. (Chun)

Crazy, Stupid, Love Keep the poster’s allusion to 1967’s The Graduate to one side: there aren’t many revelations about midlife crises in this cleverly penned yet strangely flat ensemble rom-com, awkwardly pitched at almost every demographic at the cineplex. There’s the middle-aged romance that’s withered at the vine: nice but boring family man Cal (Steve Carell) finds himself at a hopeless loss when wife and onetime teenage sweetheart Emily (Julianne Moore) tells him she wants a divorce and she’s slept with a coworker (Kevin Bacon). He ends up waxing pathetic at a slick nightclub where he catches the eye of the well-dressed, spray-tanned smoothie Jacob (Ryan Gosling), who appears to have taken his ladies man stance from the Clooney playbook. It’s manly makeover time: GQ meets Pretty Woman (1990)! Cut to Cal and Emily’s babysitter Jessica (Analeigh Tipton), who is crushing out on Cal, while the separated couple’s tween Robbie (Jonah Bobo) hankers for Jessica. Somehow Josh Groban worms his way into the mix as the dullard suitor of Hannah (Emma Stone) in a hanging chad of a storyline that must somehow be resolved in this mad, mad, mad, mad — actually, the problem with Crazy, Stupid, Love is that it isn’t really that crazy. It tries far too hard to please everybody in the theater to its detriment, reminding the viewer of a tidy, episodic TV series (albeit a quality effort) like Modern Family more than an actual film. Likewise I yearned for a way to fast-forward through the too-cute Jessica-Robbie scenes in order to get back to the sleazy-smart, punchy complexity of Gosling, playing adeptly off both Carrell and Stone. (1:58) Presidio, SF Center, Shattuck, Sundance Kabuki. (Chun)

The Debt On paper, The Debt has a lot going for it: captivating history-based plot, “it” actor Jessica Chastain, Helen Mirren vs. Nazis. And while the latest from John Madden (1998’s Shakespeare in Love) is fairly entertaining, the film is ultimately forgettable. Chastain plays Rachel, a member of an Israeli team tasked with capturing a Nazi war criminal and bringing him to justice. Mirren is the older Rachel, who is haunted by the long-withheld true story of the mission. Although The Debt traffics in spy secrets, it’s actually rather predictable: the big reveal is shrug-worthy, and the shocking conclusion is expected. So while the entire cast — which also includes Tom Wilkinson, Sam Worthington, and Ciaran Hinds — turn in admirable performances, the script is lacking what it needs to make The Debt an effective drama or thriller. Like 2008’s overrated The Reader, the film tries to hide its inadequacies under heavy themes and the dread with which we remember the Holocaust. (1:54) Marina, 1000 Van Ness, Sundance Kabuki. (Peitzman)

Don’t Be Afraid of the Dark If you’re expecting a traditional haunted house story, Don’t Be Afraid of the Dark might be a disappointment. The film, which was co-written by Guillermo del Toro, has a lot in common with his Pan’s Labyrinth (2006) — both movies are more dark fairy tale than horror. They follow a young girl who discovers a mystical world around her, much to the disbelief of the adults around her. It’s worth noting that Don’t Be Afraid of the Dark is lighter fare: despite all the peril involved, it’s actually pretty fun. Young Bailee Madison, who made such an impression in 2009’s Brothers, is a charming lead, precocious but believable. And Katie Holmes is surprisingly sympathetic in her role as the caring stepmother, a nice switch from the standard fairy tale trope. As with Fright Night, the ad campaign for Don’t Be Afraid of the Dark is misleading, so here’s hoping audience members looking for a gory slasher will appreciate a whimsical fable instead. (1:40) 1000 Van Ness. (Peitzman)

The Guard Irish police sergeant Gerry Boyle (Brendan Gleeson) is used to running his small town on his own terms — not in a completely Bad Lieutenant (1992) kind of way, though he’s not afraid to sample drugs and hang with hookers. More like, he’s been running the show for years, and would prefer that big-city cops stay the hell out of his village. Alas, a gang of drug smugglers is doing business in the area, so an officious group of investigators from Dublin (horrors!) and America (in the form of an FBI agent played by Don Cheadle) soon descend. His mother’s dying, his brand-new partner’s missing, and between all the interlopers on both sides of the law, Boyle’s having a hard time having a pint in peace. Good thing he’s not as simple-minded as all who surround him think he is. Writer-director John Michael McDonagh (brother of playwright Martin, who directed 2008’s In Bruges — also starring Gleeson) puts an affable Irish spin on what’s essentially a pretty typical indie comedy, with some pretty typical crime-drama elements layered atop. Boyle’s character is memorably clever, but the film that contains him never quite elevates to his level. (1:36) Embarcadero, Shattuck, Sundance Kabuki. (Eddy)

*Harry Potter and the Deathly Hallows Part 2 Chances are you aren’t going to jump into the Harry Potter series with Harry Potter and the Deathly Hallows Part 2. So while the movie is probably the best Harry Potter film yet, it’s more a fitting conclusion than a standalone film. For fans of the books, there are no real surprises — this is a close adaptation. And for those Harry Potter movie fans who haven’t read the books, shame on you, and kudos if you managed to not get spoiled. It’s hard for me to offer a serious critical analysis of Part 2, because it represents the end of a long and very emotional journey. (Everyone in that audience was crying. Everyone.) I will say that, as was the case in the book, there are a few overdone, schmaltzy moments that aren’t really necessary. But in the context of the series, they’re forgivable — this may not be the great cinematic event of our generation, but Harry Potter as a whole is sure to be one of our most enduring cultural icons. (2:10) 1000 Van Ness. (Peitzman)

*The Hedgehog You needn’t possess the rough, everyday refinement of the characters of The Hedgehog to appreciate this debut feature by director-screenwriter Mona Achache — just an appreciation for a delicate touch and a tender heart. Eleven-year-old Paloma (the wonderful Garance Le Guillermic) is too smart for her own good, bored, neglected by her parents, and left to fend for herself with only her considerable imagination and a camcorder. She drifts around her fishbowl of privilege, a deluxe art nouveau-style apartment building in Paris, leveling her all-too-wise gaze on its denizens and plotting certain suicide on her 12th birthday — that is until a new resident appears in her viewfinder: a kindly Japanese gentleman Kakuro Ozu (Togo Igawa). He has as much of a connoisseur’s eye as Paloma — the proof is in his unlikely focus of attention, the building’s concierge Renée Michel (Josiane Balasko, resembling a burly Gertrude Stein), who hides her cultured and bookish inclinations behind a gruff, drab exterior. They recognize in each other a reverence for an almost monkish life of the mind, the austere elegance of wabi-sabi, and the transient beauty of rough-hewn imperfection, even in the sleek, well-heeled heart of the City of Light. To the credit of Achache, working with Muriel Barbery’s novel, these unlikely fragile friendships between outsiders take hold in a way that sidesteps preciousness and stays with you long after its pages have turned. (1:40) Opera Plaza, Smith Rafael. (Chun)

The Help It’s tough to stitch ‘n’ bitch ‘n’ moan in the face of such heart-felt female bonding, even after you brush away the tears away and wonder why the so-called help’s stories needed to be cobbled with those of the creamy-skinned daughters of privilege that employed them. The Help purports to be the tale of the 1960s African American maids hired by a bourgie segment of Southern womanhood — resourceful hard-workers like Aibileen (Viola Davis) and Minny (Octavia Spencer) raise their employers’ daughters, filling them with pride and strength if they do their job well, while missing out on their own kids’ childhood. Then those daughters turn around and hurt their caretakers, often treating them little better than the slaves their families once owned. Hinging on a self-hatred that devalues the nurturing, housekeeping skills that were considered women’s birthright, this unending ugly, heartbreaking story of the everyday injustices spells separate-and-unequal bathrooms for the family and their help when it comes to certain sniping queen bees like Hilly (Bryce Dallas Howard). But the times they are a-changing, and the help get an assist from ugly duckling of a writer Skeeter (Emma Stone, playing against type, sort of, with fizzy hair), who risks social ostracism to get the housekeepers’ experiences down on paper, amid the Junior League gossip girls and the seismic shifts coming in the civil rights-era South. Based on the best-seller by Kathryn Stockett, The Help hitches the fortunes of two forces together — the African American women who are trying to survive and find respect, and the white women who have to define themselves as more than dependent breeders — under the banner of a feel-good weepie, though not without its guilty shadings, from the way the pale-faced ladies already have a jump, in so many ways, on their African American sisters to the Keane-eyed meekness of Davis’ Aibileen to The Help‘s most memorable performances, which are also tellingly throwback (Howard’s stinging hornet of a Southern belle and Jessica Chastain’s white-trash bimbo-with-a-heart-of-gold). (2:17) California, Empire, 1000 Van Ness, Presidio, SF Center, Sundance Kabuki. (Chun)

*Higher Ground Higher Ground does not bite off more than it can chew. I guess that should go without saying, but it’s striking how comfortably Vera Farmiga (in her directorial debut) tackles this story of devotion and doubt. Based on the memoirs of Carolyn S. Briggs, who co-wrote the screenplay, this deeply personal film follows Corrine Walker (Vera Farmiga) from her adolescence through the trials of youth and middle age, her marriage to high school sweetheart Ethan (Joshua Leonard), and their lives as members of a small hippie Christian community. Although religion serves as a backdrop for Higher Ground, it doesn’t suffocate the human element of the story; it’s less a film about Christianity than it is about the challenges one woman faces as she tries to find room for herself amidst faith. Farmiga treats her subjects with empathy and humor and crafts a thoughtful, tender slice of sixties Midwest Americana. (1:49) Opera Plaza, Sundance Kabuki. (Cooper Berkmoyer)

*The Interrupters With concern from society and government as a whole at low ebb, communities at greater risk of violence from within than ever have had to come up with their own peace-making solutions. The Interrupters, the latest documentary by Steve James (1994’s Hoop Dreams), shows dedicated efforts to help one of the nation’s worst centers of such bloodshed: Chicago. “Violence is like the great infectious diseases of all history,” says epidemiologist Gary Slutkin, in that it can be stopped from spreading to epidemic proportions by numerous “initial interruption(s) of transmission” at its source. He translated that perspective into the founding of CeaseFire, an organization that doesn’t aim to summarily end the existence of gangs and drug trade. Instead, its plain but hardly simple mission is to stop the shootings, stabbings, etc. which are exacerbated by unemployment, broken families, and other sources of stress whose cumulative effect can rapidly escalate a casual dis to a mortal confrontation. Under CeaseFire’s auspices, Tio Hardiman created the Violence Interrupters program, which drafts people from the community — many former gangbangers themselves — as mediators wading into conflicts to defuse them before things get out of hand. It takes considerable will and nerves of steel; “interrupters” have been shot at, and during the course of this documentary’s year-long span one volunteer lands in the hospital for his trouble. But The Interrupters makes a powerful case against the inevitability of hopelessness turning into violence. (2:05) Shattuck. (Harvey)

Little Rock When the rental car driven by Atsuko (Atsuko Okatsuka) and Rintaro Sakamato (Rintaro Sawamoto) breaks down in nowheresville, California (actually, a small town called Little Rock), an air of disillusion hangs between the siblings, on vacation to “see America.” Holed up in a motel room, their disappointment is palpable, until a chance encounter with some locals sucks the pair into exurban American life. By the time their car is again roadworthy, Atsuko can’t bear to leave and decides to stay behind as her brother, the only one of the two who speaks a word of English, continues ahead without her. Communication is the driving force behind Little Rock and the language barrier somehow never gets stale; it certainly allows Okatsuka the opportunity for some superb acting. Despite some directorial flourishes (by Mike Ott), however, the story doesn’t really hold many surprises, and its inevitable conclusion is glimpsed long before it’s reached. (1:25) Roxie. (Berkmoyer)

*Love Crime Early this year came the announcement that Brian De Palma was hot to do an English remake of Alain Corneau’s Love Crime. The results, should they come to fruition, may well prove a landmark in the annals of lurid guilty-pleasure trash. But with the original Love Crime finally making it to local theaters, it’s an opportune moment to be appalled in advance about what sleazy things could potentially be done to this neat, dry, fully clothed model of a modern Hitchcockian thriller. No doubt in France Love Crime looks pretty mainstream. But here its soon-to be-despoiled virtues of narrative intricacy and restraint are upscale pleasures. Ludivine Sagnier plays assistant to high-powered corporate executive Christine (Kristin Scott Thomas). The boss enjoys molding protégée Isabelle to her own image, making them a double team of carefully planned guile unafraid to use sex appeal as a business strategy. But Isabelle is expected to know her place — even when that place robs her of credit for her own ideas — and when she stages a small rebellion, Christine’s revenge is cruelly out of scale, a high-heeled boot brought down to squash an ant. Halfway through an act of vengeance occurs that is shocking and satisfying, even if it leaves the remainder of Corneau and Nathalie Carter’s clever screenplay deprived of the very thing that had made it such a sardonic delight so far. Though it’s no masterpiece, Love Crime closes the book on his Corneau’s career Corneau (he died at age 67 last August) not with a bang but with a crisp, satisfying snap. (1:46) Albany, Clay, Piedmont, Smith Rafael. (Harvey)

Midnight in Paris Owen Wilson plays Gil, a self-confessed “Hollywood hack” visiting the City of Light with his conservative future in-laws and crassly materialistic fiancée Inez (Rachel McAdams). A romantic obviously at odds with their selfish pragmatism (somehow he hasn’t realized that yet), he’s in love with Paris and particularly its fabled artistic past. Walking back to his hotel alone one night, he’s beckoned into an antique vehicle and finds himself transported to the 1920s, at every turn meeting the Fitzgeralds, Gertrude Stein (Kathy Bates), Dali (Adrien Brody), etc. He also meets Adriana (Marion Cotillard), a woman alluring enough to be fought over by Hemingway (Corey Stoll) and Picasso (Marcial di Fonzo Bo) — though she fancies aspiring literary novelist Gil. Woody Allen’s latest is a pleasant trifle, no more, no less. Its toying with a form of magical escapism from the dreary present recalls The Purple Rose of Cairo (1985), albeit without that film’s greater structural ingeniousness and considerable heart. None of the actors are at their best, though Cotillard is indeed beguiling and Wilson dithers charmingly as usual. Still — it’s pleasant. (1:34) Albany, Embarcadero, Piedmont, Presidio. (Harvey)

*The Names of Love Arthur (Jacques Gamblin) is a 40-ish scientist being interviewed about the threat of a bird flu epidemic when his radio broadcast is interrupted by 20-something Baya (Sara Forestier), who denounces him on-air as a “fascist” for frightening the public. But then, Baya tends to use that label rather indiscriminately, applying it to anyone who might conceivably have views to the right of the dial — and Arthur is in fact a solid liberal, which means she can bed him for love. As opposed to the many, many other men she beds as a self-described “political whore,” seeking out conservative types in order to seduce them and hopefully induce an idealogical shift by whispering sweet nothings (“Not all Arabs are thieves,” etc.) as they orgasm. Raised by parents whose emotions are so tightly wound his mother won’t acknowledge her parents were Jews killed at Auschwitz, Arthur has a hard time adjusting to a relationship with a lover who is faithful emotionally but sees promiscuity as her propagandic gift to the world. Meanwhile Baya’s largely Algerian family treats garrulous political argument as the very air they breathe. This odd-couple story written by Baya Kasmi and director Michel Leclerc deals with serious issues in both humorous and respectful fashion, making for one of the more novel, delightful and depthed French romantic comedies in a long time. Added plus: lots of antic gratuitous nudity. (1:42) Opera Plaza. (Harvey)

*One Day Why do romantic comedies get such a bad rap? Blame it on the lame set-up, the contrived hurdles artificially buttressed by the obligatory chorus of BFFs, the superficial something-for-every-demographic-with-ADD multinarrative, and the implausible resolutions topped by something as simple as a kiss or as conventional as marriage, but often no deeper, more crafted, or heartfelt than an application of lip gloss. Yet the lite-as-froyo pleasures of the genre don’t daunt Danish director Lone Scherfig, best known for her deft touch with a woman’s story that cuts closer to the bone, with 2009’s An Education. Her new film, One Day, based on the best-selling novel by David Nicholls, flirts with the rom-com form — from the kitsch associations with Same Time, Next Year (1978) to the trailer that hangs its love story on a crush — but musters emotional heft through its accumulation of period details, a latticework of flashbacks, and collection of encounters between its charming protagonists: upper-crusty TV presenter Dexter (Jim Sturgess) and working-class aspiring writer Emma (Anne Hathaway). Their quickie university friendship slowly unfolds, as they meet every St. Swithin’s Day, July 15, over a span of years, into the most important relationship of their lives. Despite the blue-collar female lead and UK backdrop that it shares with An Education, One Day feels like a departure for Scherfig, who first found international attention for her award-winning Dogme 95-affiliated Italian for Beginners (2000). (1:48) 1000 Van Ness, Piedmont. (Chun)

*Our Idiot Brother If you thought 1998’s The Big Lebowski had eked all the humor that it could from the Dude, well, screenwriter (and Vanity Fair contributor) Evgenia Peretz, her not-so-idiotic brother (director Jesse Peretz), and star Paul Rudd would differ. They correctly guessed that there are still laughs to be wrung from a shaggy stoner in floral jams, only this time with less fuuuck-s and more benevolent, idiot-savant good vibrations. Dazed and confused broheim 2.0 (Rudd) is glimpsed through the jaded, harried prism of his three dysfunctional, supposedly normal sisters: frumpadelic mom Liz (Emily Mortimer), queen-bitch Vanity Fair writer Miranda (Elizabeth Banks), and slatternly would-be comedian Natalie (Zooey Deschanel). A good-hearted naïf who’s easily entrapped by a uniformed police officer claiming to need some pity doobage, Ned has just emerged from the joint and is now couch-surfing among his sibs, exposing the hypocrisies of bourgie-hipster Brooklyn, as well as the infidelities and vanities of family, friends, and partners (Steve Coogan, Rashida Jones, Adam Scott, and Hugh Dancy) as he goes, in his own good-natured, aw-shucks way. As innocuous (and desexualized) as Andy Griffith beneath the hippie trappings, this dude-with-a-little-d knows where his real family is — with his dog, Willie Nelson, who loves him just as unconditionally. Beastie besties have never seemed so innocent as they are in this proudly feel-good comedy, and despite a cringe-y, saccharine soundtrack and lackadaisical pacing, Rudd’s charismatic sunny slacker and some pointed jabs at the follies of the cooler-than-thou save this indie-that-could. (1:36) Four Star, 1000 Van Ness, SF Center, Sundance Kabuki. (Chun)

*Point Blank Not for nothing did Hollywood remake French filmmaker Fred Cavaye’s last film, Anything for Her (2008) as The Next Three Days (2010) — Cavaye’s latest, tauter-than-taut thriller almost screams out for a similar rework, with its Bourne-like handheld camera work, high-impact immediacy, and noirish narrative economy. Point Blank — not to be confused with the 1967 Lee Marvin vehicle —kicks off with a literal slam: a mystery man (Roschdy Zem) crashing into a metal barrier, on the run from two menacing figures until he is cornered and then taken out of the action by fate. His mind mainly on the welfare of his very pregnant wife Nadia (Elena Anaya), nursing assistant Samuel (Gilles Lellouche) has the bad luck to stumble on a faux doctor attempting to make sure that the injured man never rises from his hospital bed. As police wrangle over whose case this exactly is — the murder of an industrialist seems to have expanded the powers of the stony-faced, monolithic Commandant Werner (Gerard Lanvin) — Samuel gets sucked into the mystery man’s lot, a conspiracy that allows them to trust no one, and seemingly impossibly odds against getting out of the mess alive. Cavaye never quite stops applying the pressure in this clever, unrelenting cat-and-mouse and mouse-and-his-spouse game, topping it with a nerve-jangling search through a messily chaotic police station. (1:24) Lumiere. (Chun)

*Puzzle Careful as she does it: director Natalia Smirnoff displays a deft hand with a woman’s portrait in her debut feature, Puzzle. Argentinian middle-aged housewife and mother Maria (Maria Onetto) is so busy taking care of others and running her household, down to baking her own 50th birthday cake, that she’s lost touch with herself, her own pleasures, and her own sense of accomplishment. After reassembling a shattered plate, she discovers an aptitude for puzzle solving, leading her to sign up for a competition. Her partner is a wealthy, worldly man (Arturo Goetz) she meets after answering an ad at a puzzle store. It’s the minutiae, the little things, that matter in Puzzle — namely watching Maria pierce together her identity, along with her puzzles, via handheld shots bathed in a gentle golden light — adding up to pure satisfaction. (1:29) SFFS New People Cinema. (Chun)

*Rise of the Planet of the Apes “You gotta love a movie where the animals beat up on the humans,” declared my Rise of the Planet of the Apes companion. Indeed, ape must not kill ape, and this Planet of the Apes prequel-cum-remake of Conquest of the Planet of the Apes (1972) takes the long view, back to the days when ape-human relations were still high-minded enough to forbid smart apes from killing those well-armed, not-so-bright humanoids. I was a fan of the original series, but honestly, I approached Rise with trepidation: I dreaded the inevitable scenes of human cruelty meted out to exploited primates — the current wave of chimp-driven films seems focused on holding a scary, shaming mirror up to the two-legged mammalian violence toward their closest living genetic relatives. It’s a contrast to the original series, which provided prisms with which to peer at race relations and generational conflict. But I needn’t have feared this PG-13 “reboot.” There’s little CGI-driven gore, apart from the visceral opening and the showdown, though the heartbreak remains. Scientist Will (James Franco, brow perpetually furrowed with worry) is working to find a medicine designed to supercharge the brain in the wake of Alzheimer’s — a disease that has struck down his father (John Lithgow). When the experimental chimp that responds to his serum becomes violently aggressive, the project is shut down, although the primate leaves behind a surprise: a baby chimp that Will and his father name Caesar and raise like a beloved child in their idyllic Bay Area Victorian. Growing in intelligence as he matures, Caesar finds himself torn by an existential dilemma: is he a pet or a mammal with rights that must be respected? Rise becomes Caesar’s story, rendered in heart-wrenching, exhilarating ways — to director Rupert Wyatt and his team’s credit you don’t miss the performance finesse of Roddy McDowell and Kim Hunter in groundbreaking prosthetic ape face in the original movies — while resolving at least one question about why humans gave up the globe to the primates. One can only imagine the next edition will take care of the lingering question about how even the cleverest of apes will feed themselves in Muir Woods. (1:50) 1000 Van Ness, SF Center, Sundance Kabuki. (Chun)

Sarah’s Key (1:42) Four Star, Opera Plaza.

*Senna When Ayrton Senna died in 1994 at the age of 34, he had already secured his legacy as one of the greatest and most beloved Formula One racers of all time. The three-time world champion was a hero in his native Brazil and a respected and feared opponent on the track. This eponymous documentary by director Asif Kapadia is nearly as dynamic as the man himself, with more than enough revving engines and last minute passes to satisfy your lust for speed and a decent helping Ayrton’s famous personality as well. Senna was a champion, driven to win even as the sometimes-backhanded politics of the racing world stood in his way. A tragic figure, maybe, but a legend nonetheless. You don’t have to be an F1 fan to appreciate this film, but you may wind up one by the time the credits roll. (1:44) Balboa, Lumiere, Smith Rafael, Sundance Kabuki. (Berkmoyer)

*Shaolin There’s a lot to like about Shaolin, from Andy Lau, as a warlord turned passionate monk, to the return of Jackie Chan, as a stir-frying Shaolin, to its overall Buddhistic message (by way of heaps of chopsocky, blood-spitting violence), to its many action scenes, complete with mucho ax-throwing and horsing around with out-of-control carriages. We’re at the dawn of China’s republic, and the warlords are squabbling over the country’s spoils. General Hou Jie (Lau) appears to be the most ruthless of them all, following his second in command Cao Man (Nicholas Tse) into the Shaolin Temple to pursue an enemy with a golden secret and arrogantly leaving his mark on the sanctuary signage. But tragedy turns Hou around and sends him in the temple once more, where he finds real brotherhood with the good-hearted monks. Lau has reteamed here with director Benny Chan, and the results effectively recast the star, sometimes too easily pictured as a villain with his hawkish looks, as a hero once again, all while foregrounding Buddhism and giving it to the white devils at the end — an anti-imperialism message that has become rote in recent years, little wonder considering China’s growing might and the hardening of positions on the front lines of the global economy. (2:11) Four Star. (Chun)

Shark Night 3D (1:31) 1000 Van Ness.

Sholem Aleichem: Laughing in the Darkness This documentary cuts to the chase right at the beginning: yeah, Sholem Aleichem was the guy who wrote the Tevye stories that inspired Fiddler on the Roof. But filmmaker Joseph Dorman isn’t trying to make Fiddler: Behind the Musical. Instead, he takes an in-depth look at the life, writing career, and cultural significance of “one of the great modern Jewish writers — and our greatest Yiddish writer,” per the film’s press notes. Fans of Jewish lit will be particularly engaged by Sholem Aleichem’s tale; raised in a shtetl in what’s now the Ukraine, he moved around Europe and to the United States pursuing various careers, but always writing the popular stories that addressed not just Jewish life, but broader issues facing turn-of-the-last-century Jews, including the cross-generational conflicts that make up much of Fiddler‘s plot and humor. That said, this film does rely an awful lot on PBS-style slow pans over black-and-white photos and intellectual talking heads; one suspects the subject himself (so devoted was he to entertaining the regular folk who gobbled up his tales) would’ve preferred his life story to unfold in a livelier fashion. (1:33) Balboa. (Eddy)

*Shut Up Little Man! An Audio Misadventure Once upon a time (1987 to be exact), two young men moved to San Francisco from the Midwest. Eddie Lee “Sausage” and Mitchell “Mitch D” Deprey wound up living in a somewhat derelict apartment in the Lower Haight. The paint was peeling and the walls were thin, but the rent was cheap. What Eddie and Mitch didn’t count on was having Peter J. Haskett and Raymond Huffman as their neighbors. “You blind cocksucker. You wanna fuck with me? You try to touch me and I will kill you in a fucking minute.” “Shut up! Shut up! Shut up! Shut up little man!” The insults, tantrum throwing, and threats of violence coming from next door were constant. Eddie and Mitch started to lose sleep; after one failed attempt at complaining to Raymond’s face (he threatened death), they started tape-recording the endless geyser of vitriol — first, as possible future evidence, but also out of a growing voyeuristic fascination with these two seniors who had to be the world’s oddest and angriest odd couple. The rest is history. Mitch and Eddie started including snippets of Peter and Ray’s bickering on mix tapes for friends. Somehow, the editor of the now-defunct SF noise music zine Bananafish heard a snippet and approached Mitch and Eddie about distributing compilations of the recordings to a large network of found sound fans. Gradually “Peter and Raymond” became known and much-beloved characters. Their warped repartee inspired several theatrical adaptations, short animated films, pages of comic book panels by artists such as Dan Clowes, and even a one-off single from Devo side project the Wipeouters. Matthew Bate’s documentary Shut Up Little Man! An Audio Misadventure is much an attempt to comprehensively recount the above long, strange trip from start to finish; it is also the newest chapter in the now 20-year saga of Peter, Raymond, Mitch, and Eddie. (1:30) Roxie. (Sussman)

The Tree of Life Mainstream American films are so rarely adventuresome that overreactive gratitude frequently greets those rare, self-conscious, usually Oscar-baiting stabs at profundity. Terrence Malick has made those gestures so sparingly over four decades that his scarcity is widely taken for genius. Now there’s The Tree of Life, at once astonishingly ambitious — insofar as general addressing the origin/meaning of life goes — and a small domestic narrative artificially inflated to a maximally pretentious pressure-point. The thesis here is a conflict between “nature” (the way of striving, dissatisfied, angry humanity) and “grace” (the way of love, femininity, and God). After a while Tree settles into a fairly conventional narrative groove, dissecting — albeit in meandering fashion — the travails of a middle-class Texas household whose patriarch (a solid Brad Pitt) is sternly demanding of his three young sons. As a modern-day survivor of that household, Malick’s career-reviving ally Sean Penn has little to do but look angst-ridden while wandering about various alien landscapes. Set in Waco but also shot in Rome, at Versailles, and in Saturn’s orbit (trust me), The Tree of Life is so astonishingly self-important while so undernourished on some basic levels that it would be easy to dismiss as lofty bullshit. Its Cannes premiere audience booed and cheered — both factions right, to an extent. (2:18) Lumiere, Shattuck. (Harvey)

*Warrior Those wondering why the mixed martial arts scene has captured the imagination of so many can finally understand what the fuss is all about, now that it comes filtered through a melodramatic narrative akin to The Fighter (2010). Warrior‘s mis-en-scene is immediately recognizable: a prodigal returns, in the form of Tom Conlon (Tom Hardy). Once a talented teenage wrestler, the now-battered man is the damaged youngest son of alcoholic ex-boxer Paddy Conlon (Nick Nolte). Tom wants his father to train him for a major mixed martial arts tournament with a multimillion-dollar purse, though the two obviously still have a deadly hold on each other — the repentant Paddy is on the wagon and the emotionally bruised Tom harbors secrets he won’t reveal — and battle with cutting comments rather than fists. Tom isn’t the only prodigal in the house: Paddy has lost the trust of Tom’s bro, Brendan (Joel Edgerton), a former fighter and present-day physics high school teacher who’s struggling to make ends meet with an underwater mortgage. Though Warrior is no Raging Bull (1980), it almost outdukes The Fighter in terms of its brutal bouts, conveying the swift, no-holds-barred action of MMA in the ring, while giving actors plenty of drama to wrap their jowls ’round — particularly in Nolte’s case. His tore-up turn as an all-excuses patriarch is as heartbreaking as a solid kick to the jaw. (2:19) California, 1000 Van Ness, SF Center. (Chun)

The Whistleblower (1:58) Smith Rafael.

Film listings are edited by Cheryl Eddy. Reviewers are Kimberly Chun, Michelle Devereaux, Max Goldberg, Dennis Harvey, Louis Peitzman, Lynn Rapoport, Ben Richardson, and Matt Sussman. For rep house showtimes, see Rep Clock.

Banking on misfortune

11

news@sfbg.com

Unemployed San Franciscans are now receiving monthly benefit payments through a mandatory Bank of America debit card. While presented as a benefit to both recipients and the state, the initiative is the latest chapter in a long history of banks profiting off of the less fortunate.

In July, the California Employment Development Department (EDD) began distributing Bank of America debit cards to all California residents who receive unemployment benefits, “in what is one of the largest pre-paid card programs in the nation,” EDD spokesperson Dan Stephens tells the Guardian.

The cards, a result of a recent contract Bank of America won to implement the EDD’s new debit card system, replace the monthly unemployment check residents receive. The cards are also being used for disability insurance and paid family leave payments.

“We wanted a faster, safer, more convenient way for our customers to access their benefits,” Stephens says. But figuring out the new system takes time, usage fees can surface, and complaints have arisen.

“Now I have against my will been forced to become a B of A customer, which I don’t like,” says Cliff Liehe, a part time business teacher at City College who collects unemployment benefits during the summer. “I don’t want to do business with B of A. I hate them, and there’s a lot of staff members that feel the same way, throughout the state, not just City College.”

Liehe says that he dislikes B of A because it has a “corporate philosophy that I’ve disagreed with,” as well as, “terrible customer service and high fees.” Bank of America, the largest bank in the nation, angered the public by receiving a $20 billion federal bailout after buying Merrill Lynch in 2009, in the wake of the financial meltdown from which banks quickly recovered but the average American still hasn’t.

Money can be accessed on the debit card through purchases, unlimited ATM withdrawals, or transferred to a bank account. Liehe opted to have the money transferred to an account independent from B of A, but says he found the process challenging, and the information and instructions difficult to find.

Bank of America is not paying the EDD, but the new system will save the EDD approximately $4 million in initial savings due to decreased paper, printing, mailing, and check processing costs, Stephens tells the Guardian. He remains vague about the EDD’s plans for this money, but does make it clear that the agreement is a “no-cost contract” between parties.

However, Bank of America’s participation is far from charitable. “B of A is covering its costs through fees paid by banks and merchants who honor the cards. Interchange fees are received from businesses that use the ATM network,” Stephens says.

With 1.7 million Californians receiving unemployment benefits and using their cards at ATMs and retail establishments, Bank of America will be receiving a percentage off all this money spent, as well as gaining more than a million new customers, unless recipients have the know-how to have their money transferred to a different bank. This adds up to a substantial potential profit for America’s richest bank.

“We generally don’t comment on the profitability of individual programs or products, but we are pleased to be working with the EDD to provide more secure and convenient benefit payments to its constituents,” bank spokesperson Jefferson George told us.

What consumers don’t consider when using a credit or debit card to make purchases is that with each purchase, the merchant is paying a percentage back to the bank or other credit card processor. Here at the Guardian, for instance, we lose a significant percentage of our ad profits when advertisers pay with a credit card. With MasterCard and Visa, we lose 3.5 percent of the sales amount, and with American Express it’s 4.15 percent, on top of monthly processing fees.

“The issues with credit card charges in general is that it’s all about the small print,” says Hut Landon, Executive Director of Northern California Independent Booksellers Association. As with the Bank of America EDD card, unadvertised fees can occur through usage of debit and credit cards. On top of a base percentage, merchants must pay fees for rewards cards, mileage cards, and are sometimes charged for transactions, Landon explains. There is even a fee for manually entering credit card information instead of swiping it. The debit card fee is sometimes less, but merchants still could be suffering from the EDD’s new system.

“While this may be a good situation for Bank of America,” says Landon, “[for merchants] its definitely not a good deal.”

Joel Bleskacek, co-owner of Potrero Hill favorites Plow and Ruby Wine, tells the Guardian he pays between 1.5 percent and 3 percent for credit card transactions at his restaurant and wine store. That’s a significant amount of money lost with each transaction, money that goes directly to the banks or credit card processors. “For what we’re paying at the restaurant, I could hire a general manager to work if we only accepted cash,” Bleskacek says. But credit cards are more popular than cash at both his establishments. “A vast majority is credit card sales. People don’t seem to carry cash anymore. Same at the restaurant. An overwhelming majority of sales are through the credit card machine.” Credit card company’s earnings quickly add up. “Basically 2.5 to 3 percent of our entire economy is going to credit card companies…,” he says. “Somebody’s making some money.”

A new progressive agenda

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Over the past three months, the Guardian has been hosting a series of forums on progressive issues for the mayor’s race. We’ve brought together a broad base of people from different communities and issue-based organizations all over town in an effort to draft a platform that would include a comprehensive progressive agenda for the next mayor. All told, more than 100 people participated.

It was, as far as we know, the first time anyone tried to do this — to come up with a mayoral platform not with a few people in a room but with a series of open forums designed for community participation.

The platform we’ve drafted isn’t perfect, and there are no doubt things that are left out. But our goal was to create a document that the voters could use to determine which candidates really deserve the progressive vote.

That’s a critical question, since nearly all of the top contenders are using the word “progressive” on a regular basis. They’re fighting for votes from the neighborhoods, the activists, the independent-minded people who share a vision for San Francisco that isn’t driven by big-business interests.

But those of us on what is broadly defined as the city’s left are looking for more than lip service and catchy phrases. We want to hear specifics; we want to know that the next mayor is serious about changing the direction of city policy.

The groups who endorsed this effort and helped plan the forums that led to this platform were the Harvey Milk LGBT Club, SEIU Local 1021, the San Francisco Tenants Union, the Human Services Network, the Community Congress 2010, the Council of Community Housing Organizations, San Francisco Rising, Jobs with Justice, and the Center for Political Education.

The panelists who led the discussions were: Shaw-san Liu, Calvin Welch, Fernando Marti, Gabriel Haaland, Brenda Barros, Debbi Lerman, Jenny Friedenbach, Sarah Shortt, Ted Gullicksen, Nick Pagoulatos, Sue Hestor, Sherilyn Adams, Angela Chan, David Campos, Mario Yedidia, Pecolio Mangio, Antonio Diaz, Alicia Garza, Aaron Peskin, Saul Bloom, and Tim Redmond.

We held five events looking at five broad policy areas — economy and jobs; land use, housing and tenants; budget and social services; immigration, education and youth; and environment, energy and climate change. Panelists and audience participants offered great ideas and the debates were lively.

The results are below — an outline of what the progressives in San Francisco want to see from their next mayor.

 

 

ECONOMY AND JOBS

Background: In the first decade of this century, San Francisco lost some 51,000 jobs, overwhelmingly in the private sector. When Gavin Newsom was sworn in as mayor in January 2004, unemployment was at 6.4 percent; when he left, in January 2011, it was at 9.5 percent — a 63 percent increase.

Clearly, part of the problem was the collapse of the national economy. But the failed Newsom Model only made things worse. His approach was based on the mistaken notion that if the city provided direct subsidies to private developers, new workers would flock to San Francisco. In fact, the fastest-growing sector of the local economy is the public sector, especially education and health care. Five of the 10 largest employers in San Francisco are public agencies.

Local economic development policy, which has been characterized by the destruction of the blue-collar sector in light industry and maritime uses (ironically, overwhelmingly privately owned) to free up land for new industries in business services and high tech sectors that have never actually appeared — or have been devastated by quickly repeating boom and bust cycle.

Instead of concentrating on our existing workforce and its incredible human capital, recent San Francisco mayors have sought to attract a new workforce.

The Mayor’s Office has, as a matter of policy, been destroying blue-collar jobs to promote residential development for people who work outside of the city.

There’s a huge disconnect between what many people earn and what they need. The minimum wage in San Francisco is $9.92, when the actual cost of living is closer to $20. Wage theft is far too common.

There is a lack of leadership, oversight and accountability in a number of city departments. For example, there is no officiating body or commission overseeing the work of the Office of Economic and Workforce Development. Similarly the Arts Commission, the chartered entity for overseeing cultural affairs, is responsible for less than 25 percent of the budget reserved for this purpose

There’s no accountability in the city to protect the most vulnerable people.

The city’s main business tax is highly regressive — it’s a flat tax on payroll but has so many exceptions and loopholes that only 8,500 businesses actually pay it, and many of the largest and richest outfits pay no city tax at all.

 

Agenda items:

1. Reform the Mayor’s Office of Economic and Workforce Development to create a department with workforce development as a primary objective. Work with the San Francisco Unified School District, City College and San Francisco State to create sustainable paths to training and employment.

2. Create a municipal bank that offers credit for locally developed small businesses instead of relying on tax breaks. As a first step, mandate that all city short-term funds and payroll accounts go only to banks or credit unions that will agree to devote a reasonable percentage of their local loan portfolios for small business loans.

3. Reform procurement to prioritize local ownership.

4. Link economic development of healthcare facilities to the economic development of surrounding communities.

5. Link overall approval of projects to a larger economic development policy that takes as its centerpiece the employment of current San Francisco residents.

6. Enforce city labor laws and fund the agency that enforces the laws.

7. Establish the Board of Supervisors as the policy board of a re-organized Redevelopment Agency and create community-based project area oversight committees.

8. Dramatically expand Muni in the southeast portion of the city and reconfigure routes to link neighborhoods without having to go through downtown. Put special emphasis on direct Muni routes to City College and San Francisco State.

9. Reform the payroll tax so all businesses share the burden and the largest pay their fair share.

10. Consolidate the city’s various arts entities into a single Department of Arts & Culture that includes as part of its mandate a clear directive to achieve maximum economic development through leveraging the city’s existing cultural assets and creative strengths and re-imagining San Francisco’s competitive position as a regional, national and international hub of creative thinking. Sponsor and promote signature arts programs and opportunities to attract and retain visitors who will generate maximum economic activity in the local economy; restore San Francisco’s community-based cultural economy by re-enacting the successful Neighborhood Arts Program; and leverage the current 1-2 percent for art fees on various on-site building projects to be directed towards non-construction-site arts activity.

 

 

LAND USE, HOUSING AND TENANTS

Background: Since the office market tanked, the big land-use issue has become market-rate housing. San Francisco is building housing for people who don’t live here — in significant part, for either very wealthy people who want a short-term pied a terre in the city or for commuters who work in Silicon Valley. The city’s own General Plan calls for 60 percent of all new housing to be below-market-rate — but the vast majority of the new housing that’s been constructed or is in the planning pipeline is high-end condos.

There’s no connection between the housing needs of city residents and the local workforce and the type of housing that’s being constructed. Family housing is in short supply and rental housing is being destroyed faster than it’s being built — a total of 21,000 rental units have been lost to condos and tenancies in common.

Public housing is getting demolished and rebuilt with 2500 fewer units. “Hotelization” is growing as housing units become transitory housing.

Planning has become an appendage of the Mayor’s Office of Economic Development, which has no commission, no public hearings and no community oversight.

Projects are getting approved with no connection to schools, transit or affordable housing.

There’s no monitoring of Ellis Act evictions.

Transit-oriented development is a big scam that doesn’t include equity or the needs of people who live in the areas slated for more development. Cities have incentives to create dense housing with no affordability. Communities of concern are right in the path of this “smart growth” — and there are no protections for the people who live there now.

Agenda items:

1. Re emphasize that the Planning Department is the lead land-use approval agency and that the Mayor’s Office of Economic and Workforce Development should not be used to short-circuit public participation in the process.

2. Enact a freeze on condo conversions and a freeze on the demolition of existing affordable rental housing.

3. Ban evictions if the use or occupation of the property will be for less than 30 days.

4. Index market-rate to affordable housing; slow down one when the other is too far ahead.

5. Disclose what level of permanent affordability is offered at each project.

6. Stabilize existing communities with community benefits agreements before new development is approved.

 

 

BUDGET AND SOCIAL SERVICES

Background: There have been profound cuts in the social safety net in San Francisco over the past decade. One third of the city’s shelter beds have been lost; six homeless centers have closed. Homeless mental health and substance abuse services have lost $32 million, and the health system has lost $33 million.

None of the budget proposals coming from the Mayor’s Office have even begun to address restoring the past cuts.

There’s not enough access to primary care for people in Healthy San Francisco.

Nonprofit contracts with the city are flat-funded, so there’s no room for increases in the cost of doing business.

The mayor has all the staff and the supervisors don’t have enough. The supervisors have the ability to add back budget items — but the mayor can then make unilateral cuts.

The wealthy in San Francisco have done very well under the Bush tax cuts and more than 14 billionaires live in this city. The gap between the rich and the poor, which is destroying the national economy, exists in San Francisco, too. But while city officials are taking a national lead on issues like the environment and civil rights, there is virtually no discussion at the policy level of using city policy to bring in revenue from those who can afford it and to equalize the wealth disparities right here in town.

Agenda items:

1. Establish as policy that San Francisco will step in where the state and federal government have left people behind — and that local taxation policy should reflect progressive values.

2. Make budget set-asides a budget floor rather than a percentage of the budget.

3. Examine what top city executives are paid.

4. Promote public power, public broadband and public cable as a way to bring the city millions of dollars.

5. Support progressive taxes that will bring in at least $250 million a year in permanent new revenue.

6. Change the City Charter to eliminate unilateral mid-year cuts by the mayor.

8. Pass a Charter amendment that: (a) Requires the development of a comprehensive long-term plan that sets the policies and strategies to guide the implementation of health and human services for San Francisco’s vulnerable residents over the next 10 years, and (b) creates a planning body with the responsibility and authority to develop the plan, monitor and evaluate its implementation, coordinate between policy makers and departments, and ensure that annual budgets are consistent with the plan.

9. Collect existing money better.

10. Enact a foreclosure transfer tax.

 

 

YOUTH, IMMIGRATION, AND EDUCATION

Background: In the past 10 years, San Francisco has lost 24,000 people ages 12-24. Among current youth, 5,800 live in poverty; 6,000 have no high school degree; 7,000 are not working or attending school; 1,200 are on adult probation.

A full 50 percent of public school students are not qualified for college studies. Too often, the outcome is dictated by race; school-to-prison is far too common.

Trust between immigrants and the police is a low point, particularly since former Mayor Gavin Newsom gutted the sanctuary ordinance in 2008 after anti-immigrant stories in the San Francisco Chronicle.

Some 70 percent of students depend on Muni, but the price of a youth pass just went from $10 to $21.

Agenda items:

1. Recognize that there’s a separate role for probation and immigration, and keep local law enforcement from joining or working with immigration enforcement.

2. Improve public transportation for education and prioritize free Muni for youth.

3. Create family-friendly affordable housing.

4. Restore the recreation direction for the Recreation and Parks Department.

5. Implement police training to treat youth with respect.

6. Don’t cut off benefits for youth who commit crimes.

7. Shift state re-alignment money from jails to education.

 

ENERGY, ENVIRONMENT AND CLIMATE CHANGE

Background: When it comes to land use, the laws on the books are pretty good. The General Plan is a good document. But those laws aren’t enforced. Big projects get changed by the project sponsor after they’re approved.

Land use is really about who will live here and who will vote. But on a policy level, it’s clear that the city doesn’t value the people who currently live here.

Climate change is going to affect San Francisco — people who live near toxic materials are at risk in floods and earthquakes.

San Francisco has a separate but unequal transportation system. Muni is designed to get people downtown, not around town — despite the fact that job growth isn’t happening downtown.

San Francisco has a deepwater port and could be the Silicon Valley of green shipping.

San Francisco has a remarkable opportunity to promote renewable energy, but that will never happen unless the city owns the distribution system.

 

Agenda items:

1. Promote the rebirth of heavy industry by turning the port into a center for green-shipping retrofits.

2. Public land should be for public benefit, and agencies that own or control that land should work with community-based planning efforts.

3. Planning should be for the community, not developers.

4. Energy efficiency programs should be targeted to disadvantaged communities.

5. Pay attention to the urban food revolution, encourage resident owned farmers markets. Use unused public land for local food and community gardens.

6. Provide complete information on what parts of the city are fill, and stop allowing development in areas that are going to be inundated with sea level rise.

7. Prioritize local distributed generation of electricity and public ownership of the power grid.

8. Change Clean Energy San Francisco from a purchasing pool system to a generating system.

Film Listings

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OPENING

The Apparition Genre-movie vets Ashley Greene and Tom Felton star in this supernatural thriller set on a college campus. (runtime not available)

Bucky Larson: Born to Be a Star Comedian Nick Swardson stars as a wannabe porn star in this comedy from the director of The Hot Chick (2002). (runtime not available)

Chasing Madoff Doc about the investigators who brought down the notorious Ponzi scammer. (1:31)

Circumstance Thirteen (2003) goes to Tehran? The world of sex, drugs, and underground nightclubs in Iran provides the backdrop for writer-director Maryam Keshavarz’s lusty, dreamy take on the passionate teenagers behind the hijabs. Risking jail and worse are the sassy, privileged Atafeh (Nikohl Boosheri) and the beautiful, orphaned Shireen (Sarah Kazemy), who, much like young women anywhere, just want to be free — to swim, sing, dance, test boundaries, lose, and then find themselves. The difference here is that they’re under constant, unnerving surveillance, in a country where more than 70 percent of the population is less than 30 years old. Nevertheless, within their mansion walls and without, beneath graffitied walls and undulating at intoxicating house parties, the two girls begin to fall in love with each other, as Atafeh’s handsome, albeit creepy older brother Mehran (Palo Alto-bred Reza Sixo Safai) gazes on. The onetime musical talent’s back from rehab, has returned to the mosque with all the zeal of the prodigal, and has hooked up with the Morality Police that enforces the nation’s cultural laws. Filmed underground in Beirut, with layers that permit both pleasure and protest (wait for the hilarious moment when 2008’s Milk is dubbed in Farsi), Circumstance viscerally transmits the realities and fantasies of Iranian young women on the verge. (1:45) (Chun)

Contagion Steven Soderbergh directs every movie star on the planet (Matt Damon, Marion Cotillard, Gwyneth Paltrow, Kate Winslet, Jude Law, Laurence Fishburne, and about 67 others) in this thriller about a worldwide disease epidemic. (1:42)

Creature From Wikipedia: “The group decides to stop at a roadside convenience store owned by Chopper (Sid Haig), who tells them the tale of Lockjaw, a fabled god-like creature who is half-man, half-alligator.” Ergo, this is either gonna be terrible or the greatest movie ever made. (1:33)

Little Rock When the rental car driven by Atsuko (Atsuko Okatsuka) and Rintaro Sakamato (Rintaro Sawamoto) breaks down in nowheresville, California (actually, a small town called Little Rock), an air of disillusion hangs between the siblings, on vacation to “see America.” Holed up in a motel room, their disappointment is palpable, until a chance encounter with some locals sucks the pair into exurban American life. By the time their car is again roadworthy, Atsuko can’t bear to leave and decides to stay behind as her brother, the only one of the two who speaks a word of English, continues ahead without her. Communication is the driving force behind Little Rock and the language barrier somehow never gets stale; it certainly allows Okatsuka the opportunity for some superb acting. Despite some directorial flourishes (by Mike Ott), however, the story doesn’t really hold many surprises, and its inevitable conclusion is glimpsed long before it’s reached. (1:25) Roxie. (Cooper Berkmoyer)

*Love Crime See “Original Sin.” (1:46)

*The Man Who Fell To Earth See “Roeg, Warrior.” (2:19)

Puzzle A middle-aged housewife finds herself through jigsaw competitions in this Argentina-France co-production. (1:29) SFFS New People Cinema.

Shaolin Jackie Chan and Andy Lau star in Benny Chan’s historical kung fu extravaganza. (2:11) Four Star.

*Warrior Those wondering why the mixed martial arts scene has captured the imagination of so many can finally understand what the fuss is all about, now that it comes filtered through a melodramatic narrative akin to The Fighter (2010). Warrior‘s mis-en-scene is immediately recognizable: a prodigal returns, in the form of Tom Conlon (Tom Hardy). Once a talented teenage wrestler, the now-battered man is the damaged youngest son of alcoholic ex-boxer Paddy Conlon (Nick Nolte). Tom wants his father to train him for a major mixed martial arts tournament with a multimillion-dollar purse, though the two obviously still have a deadly hold on each other — the repentant Paddy is on the wagon and the emotionally bruised Tom harbors secrets he won’t reveal — and battle with cutting comments rather than fists. Tom isn’t the only prodigal in the house: Paddy has lost the trust of Tom’s bro, Brendan (Joel Edgerton), a former fighter and present-day physics high school teacher who’s struggling to make ends meet with an underwater mortgage. Though Warrior is no Raging Bull (1980), it almost outdukes The Fighter in terms of its brutal bouts, conveying the swift, no-holds-barred action of MMA in the ring, while giving actors plenty of drama to wrap their jowls ’round — particularly in Nolte’s case. His tore-up turn as an all-excuses patriarch is as heartbreaking as a solid kick to the jaw. (2:19) (Chun)

ONGOING

Apollo 18 (1:26)

*Beginners There is nothing conventional about Beginners, a film that starts off with the funeral arrangements for one of its central characters. That man is Hal (Christopher Plummer), who came out to his son Oliver (Ewan McGregor) at the ripe age of 75. Through flashbacks, we see the relationship play out — Oliver’s inability to commit tempered by his father’s tremendous late-stage passion for life. Hal himself is a rare character: an elderly gay man, secure in his sexuality and, by his own admission, horny. He even has a much younger boyfriend, played by the handsome Goran Visnjic. While the father-son bond is the heart of Beginners, we also see the charming development of a relationship between Oliver and French actor Anna (Mélanie Laurent). It all comes together beautifully in a film that is bittersweet but ultimately satisfying. Beginners deserves praise not only for telling a story too often left untold, but for doing so with grace and a refreshing sense of whimsy. (1:44) (Peitzman)

*Bellflower Picture Two Lane Blacktop (1971) drifters armed with “dude”-centric vocabulary and an obsession with The Road Warrior (1981) and its apocalypse-wow survivalist chic. There are so many pleasures in this janky, so-very-DIY, heavy-on-the-sunblasted-atmosphere indie that you’re almost willing to overlook the clichés, the dead zones, and the annoying characters. Seeming every-dudes Woodrow (director-writer-producer Evan Glodell) and Aiden (Tyler Dawson) are far too obsessed with tricking out their cars and building a flamethrower for their own good — the misfits must force themselves out of the metal shop of the mind to meet women. So when Woodrow goes up against Milly (Jessie Wiseman) in a cricket-eating contest at a bar, it’s love at first bite. Their meet-gross morphs into a road trip and eventually a relationship, while the flamethrower nags, unexplained, in the background, like an unfired gun — or an unconsummated, not-funny bromance. These manifestations of male fantasy — muscle cars, weapons, and tough chicks — are cast in a dreamy, saturated, and burnt-at-the-edges light, as Glodell and company weave together barely articulated reveries and bad-new-west imagery with a kind of fuck-all intelligence, culminating in a finale that will either haunt you with its scattershot machismo-romanticism or leave you scratching your noggin wondering what just happened. (1:46) (Chun)

Brighton Rock Writer Rowan Joffe (2010’s The American) moves into the director’s chair for this Graham Greene adaptation, previously filmed in 1947 with an early-career star turn by Richard Attenborough. Joffe’s version updates Greene’s 1938 story to 1964, allowing the brutal actions of small-time hood Pinkie Brown to unfold as Britain’s mods vs. rockers youth riots boil in the background. Don’t get too excited, though — despite a cool premise and even cooler setting, and the presence of veterans Helen Mirren and John Hurt in supporting roles, Brighton Rock rages without a rudder. Pinkie is played by Sam Riley (so good as Ian Curtis in 2007’s Control), who snarls like a sociopathic James Dean and is so transparently hateful it’s hard to root for anything other than his hastened demise. Brighton Rock‘s most memorable element is probably Andrea Riseborough, an on-the-verge young Brit who’s being touted as the next Carey Mulligan. She has the thankless (yet showy) role of Rose, a naïve waitress who becomes entangled in Pinkie’s web after being in the wrong place at the wrong time. A far-from-storybook ending awaits, and you’ll experience little enjoyment watching the characters claw their way there. (1:51) (Eddy)

Buck This documentary paints a portrait of horse trainer Buck Brannaman as a sort of modern-day sage, a sentimental cowboy who helps “horses with people problems.” Brannaman has transcended a background of hardship and abuse to become a happy family man who makes a difference for horses and their owners all over the country with his unconventional, humane colt-starting clinics. Though he doesn’t actually whisper to horses, he served as an advisor and inspiration for Robert Redford’s The Horse Whisperer (1998). Director Cindy Meehl focuses generously on her saintly subject’s bits of wisdom in and out of a horse-training setting — e.g. “Everything you do with a horse is a dance” — as well as heartfelt commentary from friends and colleagues. In the harrowing final act of the film, Brannaman deals with a particularly unruly horse and his troubled owner, highlighting the dire and disturbing consequences of improper horse rearing. (1:28) (Sam Stander)

Captain America: The First Avenger OK, Marvel. I could get behind 2008’s Iron Man (last year’s Iron Man 2, not so much), but after Thor and now Captain America, I’m starting to get cynical about this multi-year build-up to the full-on Avengers movie, due in May 2012. Can even a superhero-stuffed movie directed by Joss Whedon live up to all this hype? There’s plenty of time to ponder, and maybe worry a little, with Captain America’s backstory-explaining picture now in theaters. Chris Evans stars as the 90-pound weakling who morphs into a supersoldier, thanks to the World War II-era tinkerings of a scientist (Stanley Tucci) and an inventor (Dominic Cooper as Howard Stark, a.k.a. Iron Man’s dad). The original plan for the musclebound shield-bearer (fighting Nazis, natch) gets waylaid a bit when the newly famous Captain America becomes a PR prop for the U.S. government; it’s abandoned entirely when a worse-than-Hitler foe, in the guise of power-obsessed Red Skull (Hugo Weaving), threatens the world. Directed by Spielberg cohort Joe Johnston, Captain America is gee-whiz enjoyable enough, but it’s very nearly the same movie as Thor, which no amount of Tommy Lee Jones (as a sarcastic army colonel) wisecracks can conceal. And here’s an anti-spoiler: there’s no post-credits surprise in this one, so you can bolt as soon as they start to roll. (2:09) (Eddy)

Colombiana (1:47)

Conan the Barbarian Neither 3D (unnecessary) nor Game of Thrones‘ Jason Momoa (beefcake-y) are enough to make this Conan the Barbarian competition for the 1982 Schwarzenegger classic. This new take is a barely adequate adventure movie helped along by Rose McGowan’s leering turn as an evil witch with Freddy Krueger claws. Would that everyone involved (including frequent remake director Marcus Nispel) had McGowan’s razor-sharp grasp of tone; as a whole, the film is never quite sure if it’s a camp-tastic voyage (the prologue, containing Conan’s birth and much Ron Perlman nostril-flaring, suggests what might have been) or a semi-straightforward fantasy actioner. A totally forgettable female lead (Rachel Nichols), a he-was-scarier-in-Avatar villain (Stephen Lang), a blah mixture of two tired plots (revenge + “chosen one”) — there’s just not a lot here, aside from a few hilarious lines of dialogue and Momoa’s muscles. He was so great in Game of Thrones, though, I suspect this dud won’t keep his career from skyrocketing. (1:42) (Eddy)

Cowboys and Aliens Here ’tis in a nutshell: the movie’s called Cowboys and Aliens — and that’s exactly, entirely what you’ll get. Director Jon Favreau may never best 2008’s Iron Man (actor Jon Favreau will prob never top 1996’s Swingers, but that’s a debate for another time), but that doesn’t mean he won’t have a good time trying. Cowboys is a genre mash-up in the most literal sense; as the title suggests, it pits Wild West gunslingers (Harrison Ford as a crabby cattleman, Daniel Craig as an amnesiac outlaw) against gold-seeking space invaders who also delight in kidnapping and torturing humans. As stupidly entertaining as it is, this is a textbook example of a pretty OK movie that could have been so much better … if only. If only the alien characters had a little bit more District 9-style personality. If only the story had a shred of suspense — look ye not here for “spooky” and “mysterious;” this shit is 100 percent full-on explosions. If only Craig’s comically fine-tooled physique didn’t outshine his wooden acting. And so forth. (1:58) (Eddy)

Crazy, Stupid, Love Keep the poster’s allusion to 1967’s The Graduate to one side: there aren’t many revelations about midlife crises in this cleverly penned yet strangely flat ensemble rom-com, awkwardly pitched at almost every demographic at the cineplex. There’s the middle-aged romance that’s withered at the vine: nice but boring family man Cal (Steve Carell) finds himself at a hopeless loss when wife and onetime teenage sweetheart Emily (Julianne Moore) tells him she wants a divorce and she’s slept with a coworker (Kevin Bacon). He ends up waxing pathetic at a slick nightclub where he catches the eye of the well-dressed, spray-tanned smoothie Jacob (Ryan Gosling), who appears to have taken his ladies man stance from the Clooney playbook. It’s manly makeover time: GQ meets Pretty Woman (1990)! Cut to Cal and Emily’s babysitter Jessica (Analeigh Tipton), who is crushing out on Cal, while the separated couple’s tween Robbie (Jonah Bobo) hankers for Jessica. Somehow Josh Groban worms his way into the mix as the dullard suitor of Hannah (Emma Stone) in a hanging chad of a storyline that must somehow be resolved in this mad, mad, mad, mad — actually, the problem with Crazy, Stupid, Love is that it isn’t really that crazy. It tries far too hard to please everybody in the theater to its detriment, reminding the viewer of a tidy, episodic TV series (albeit a quality effort) like Modern Family more than an actual film. Likewise I yearned for a way to fast-forward through the too-cute Jessica-Robbie scenes in order to get back to the sleazy-smart, punchy complexity of Gosling, playing adeptly off both Carrell and Stone. (1:58) (Chun)

The Debt On paper, The Debt has a lot going for it: captivating history-based plot, “it” actor Jessica Chastain, Helen Mirren vs. Nazis. And while the latest from John Madden (1998’s Shakespeare in Love) is fairly entertaining, the film is ultimately forgettable. Chastain plays Rachel, a member of an Israeli team tasked with capturing a Nazi war criminal and bringing him to justice. Mirren is the older Rachel, who is haunted by the long-withheld true story of the mission. Although The Debt traffics in spy secrets, it’s actually rather predictable: the big reveal is shrug-worthy, and the shocking conclusion is expected. So while the entire cast — which also includes Tom Wilkinson, Sam Worthington, and Ciaran Hinds — turn in admirable performances, the script is lacking what it needs to make The Debt an effective drama or thriller. Like 2008’s overrated The Reader, the film tries to hide its inadequacies under heavy themes and the dread with which we remember the Holocaust. (1:54) (Peitzman)

The Devil’s Double Say hello to my little friend, again— and rest assured, it’s not a dream and you’re seeing double. New Zealand filmmaker Lee Tamahori gets back to his potboiler roots with this campy, claustrophobic look back at the House of Saddam Hussein, based on a true story and designed to win over fans of Scarface (1983) with its portrait of mad excess and deca-dancey ’80s-ish soundtrack. The craziest poseur of all is Hussein’s son Uday (Dominic Cooper), a petty dictator-in-the-making — and, according to this film, a full-fledged murderous pedophile — who chomps cigars and wraps his jaws around schoolgirls while Cooper happily chews scenery. Uday needs a double to sidestep all those troublesome assassination attempts, so he enlists look-alike childhood friend Latif (also Cooper) to get the surgery, pop in the overbite, bray like a madman, make appearances in his stead, and function as a kind of pet human. Never mind Ludivine Sagnier, glassy-eyed and absurd in the role of Uday’s favorite sex kitten Sarrab — Double is completely Cooper’s, who seizes the moment, investing the morally upstanding Latif with a serious sincerity with just his eyes and body language and infusing evil odd job Uday with a dangerous, comic-book unpredictability. To his credit, Cooper imbues such cult-ready, blow-the-doors-off lines as “I love cunt! I love cunt more than god!” with, erm, believability, even as the denouement rings somewhat false. (1:48) (Chun)

Don’t Be Afraid of the Dark If you’re expecting a traditional haunted house story, Don’t Be Afraid of the Dark might be a disappointment. The film, which was co-written by Guillermo del Toro, has a lot in common with his Pan’s Labyrinth (2006) — both movies are more dark fairy tale than horror. They follow a young girl who discovers a mystical world around her, much to the disbelief of the adults around her. It’s worth noting that Don’t Be Afraid of the Dark is lighter fare: despite all the peril involved, it’s actually pretty fun. Young Bailee Madison, who made such an impression in 2009’s Brothers, is a charming lead, precocious but believable. And Katie Holmes is surprisingly sympathetic in her role as the caring stepmother, a nice switch from the standard fairy tale trope. As with Fright Night, the ad campaign for Don’t Be Afraid of the Dark is misleading, so here’s hoping audience members looking for a gory slasher will appreciate a whimsical fable instead. (1:40) (Peitzman)

Fright Night Don’t let the spooky trailer fool you: the Fright Night remake is almost as silly as the original. In fact, it follows the 1985 film closely, as young Charley Brewster (Anton Yelchin) comes to realize that his neighbor Jerry (Colin Farrell) is a vampire. The biggest change is a smart one — this Fright Night transforms late-night TV host Peter Vincent into Criss Angel-type illusionist Peter Vincent (David Tennant). The casting is spot on all-around, and frankly, Farrell is a lot more believable than Chris Sarandon as the seductive bad boy. The only real problem with the new Fright Night — other than the unnecessary 3D — is that it never fully commits to camp the way the original did. There’s a bit too much back-and-forth between serious scares and goofy blood splatters. Luckily, it’s still an entertaining remake that doesn’t crap all over a classic. It’s also a great reminder that vampires don’t have to be moody — remember, they used to be fun. (2:00) (Peitzman)

*The Future Dreams and drawings, cats and fantasies, ambition and aimlessness, and the mild-mannered yet mortifying games people play, all wind their way into Miranda July’s The Future. The future’s a scary place, as many of us fully realize, even if you hide from it well into your 30s, losing yourself in the everyday. But you can’t duck July’s collection of moments, objects, and small gestures transformed into something strangely slanted and enchanted, both weird and terrifying, when viewed through July’s looking glass. Care and commitment — to oneself and others — are two vivid threads running through The Future. Cute couple Sophie (July) and Jason (Hamish Linklater) — unsettling look-alikes with their curly crops — appear at first to be sailing contently, aimlessly toward an undemanding unknown: Jason works from home as a customer-service operator, and Sophie attempts to herd kiddies as a children’s dance instructor. But enormous, frightening demands beckon — namely the oncoming adoption of a special-needs feline named Paw-Paw (voiced by July as if it’s a traumatized, innocent child). Lickety-splitsville, they must be all they can be before Paw-Paw’s arrival. The weirdness of the familiar, and the kindness of strangers, become ways into fantasy and escape when the couple bumps up against the limits of their imagination. This ultra-low-key horror movie of the banal is obviously remote territory for July (2005’s Me and You and Everyone We Know). The Future is her best film to date and finds her tumbling into a kind of magical realism or plastic fantastic, embodied by a talking cat that becomes the conscience of the movie. (1:31) (Chun)

A Good Old Fashioned Orgy (1:35)

The Guard Irish police sergeant Gerry Boyle (Brendan Gleeson) is used to running his small town on his own terms — not in a completely Bad Lieutenant (1992) kind of way, though he’s not afraid to sample drugs and hang with hookers. More like, he’s been running the show for years, and would prefer that big-city cops stay the hell out of his village. Alas, a gang of drug smugglers is doing business in the area, so an officious group of investigators from Dublin (horrors!) and America (in the form of an FBI agent played by Don Cheadle) soon descend. His mother’s dying, his brand-new partner’s missing, and between all the interlopers on both sides of the law, Boyle’s having a hard time having a pint in peace. Good thing he’s not as simple-minded as all who surround him think he is. Writer-director John Michael McDonagh (brother of playwright Martin, who directed 2008’s In Bruges — also starring Gleeson) puts an affable Irish spin on what’s essentially a pretty typical indie comedy, with some pretty typical crime-drama elements layered atop. Boyle’s character is memorably clever, but the film that contains him never quite elevates to his level. (1:36) (Eddy)

Gun Hill Road Though the visibility of gays and lesbians in cinema remains (largely) confined to independent film, Rashaad Ernesto Green, in his debut feature Gun Hill Road, uses the creative freedom afforded by that closeting to explore issues of race and confused sexuality amid the Latino population of the Bronx. Esai Morales is Enrique, a former drug dealer returning from prison to his wife Angela (Judy Reyes) and teenage son Michael (Harmony Santana). But everyone seems to have moved on with their lives. Angela is having an affair, and Michael has created a new persona, Vanessa. Green’s film focuses on the relationship between the damaged Enrique and Michael, whose cross-dressing and budding transsexuality puts the family members at odds. Nominated for the Grand Jury Prize at Sundance and an entry in this year’s Frameline Film Festival, Gun Hill Road is one in a recent spate of films that deals with coming out in an urban setting. Like Green’s film, Peter Bratt’s La Mission (2009) offered a picture of homophobia in the Latino community. But Gun Hill Road, despite its bulging dramatic heft, shirks the after-school-special formula of La Mission by imagining complex characters rather than hewing them from instantly recognizable, sympathetic archetypes. (1:28) (Ryan Lattanzio)

*Harry Potter and the Deathly Hallows Part 2 Chances are you aren’t going to jump into the Harry Potter series with Harry Potter and the Deathly Hallows Part 2. So while the movie is probably the best Harry Potter film yet, it’s more a fitting conclusion than a standalone film. For fans of the books, there are no real surprises — this is a close adaptation. And for those Harry Potter movie fans who haven’t read the books, shame on you, and kudos if you managed to not get spoiled. It’s hard for me to offer a serious critical analysis of Part 2, because it represents the end of a long and very emotional journey. (Everyone in that audience was crying. Everyone.) I will say that, as was the case in the book, there are a few overdone, schmaltzy moments that aren’t really necessary. But in the context of the series, they’re forgivable — this may not be the great cinematic event of our generation, but Harry Potter as a whole is sure to be one of our most enduring cultural icons. (2:10) (Peitzman)

*The Hedgehog You needn’t possess the rough, everyday refinement of the characters of The Hedgehog to appreciate this debut feature by director-screenwriter Mona Achache — just an appreciation for a delicate touch and a tender heart. Eleven-year-old Paloma (the wonderful Garance Le Guillermic) is too smart for her own good, bored, neglected by her parents, and left to fend for herself with only her considerable imagination and a camcorder. She drifts around her fishbowl of privilege, a deluxe art nouveau-style apartment building in Paris, leveling her all-too-wise gaze on its denizens and plotting certain suicide on her 12th birthday — that is until a new resident appears in her viewfinder: a kindly Japanese gentleman Kakuro Ozu (Togo Igawa). He has as much of a connoisseur’s eye as Paloma — the proof is in his unlikely focus of attention, the building’s concierge Renée Michel (Josiane Balasko, resembling a burly Gertrude Stein), who hides her cultured and bookish inclinations behind a gruff, drab exterior. They recognize in each other a reverence for an almost monkish life of the mind, the austere elegance of wabi-sabi, and the transient beauty of rough-hewn imperfection, even in the sleek, well-heeled heart of the City of Light. To the credit of Achache, working with Muriel Barbery’s novel, these unlikely fragile friendships between outsiders take hold in a way that sidesteps preciousness and stays with you long after its pages have turned. (1:40) Smith Rafael. (Chun)

The Help It’s tough to stitch ‘n’ bitch ‘n’ moan in the face of such heart-felt female bonding, even after you brush away the tears away and wonder why the so-called help’s stories needed to be cobbled with those of the creamy-skinned daughters of privilege that employed them. The Help purports to be the tale of the 1960s African American maids hired by a bourgie segment of Southern womanhood — resourceful hard-workers like Aibileen (Viola Davis) and Minny (Octavia Spencer) raise their employers’ daughters, filling them with pride and strength if they do their job well, while missing out on their own kids’ childhood. Then those daughters turn around and hurt their caretakers, often treating them little better than the slaves their families once owned. Hinging on a self-hatred that devalues the nurturing, housekeeping skills that were considered women’s birthright, this unending ugly, heartbreaking story of the everyday injustices spells separate-and-unequal bathrooms for the family and their help when it comes to certain sniping queen bees like Hilly (Bryce Dallas Howard). But the times they are a-changing, and the help get an assist from ugly duckling of a writer Skeeter (Emma Stone, playing against type, sort of, with fizzy hair), who risks social ostracism to get the housekeepers’ experiences down on paper, amid the Junior League gossip girls and the seismic shifts coming in the civil rights-era South. Based on the best-seller by Kathryn Stockett, The Help hitches the fortunes of two forces together — the African American women who are trying to survive and find respect, and the white women who have to define themselves as more than dependent breeders — under the banner of a feel-good weepie, though not without its guilty shadings, from the way the pale-faced ladies already have a jump, in so many ways, on their African American sisters to the Keane-eyed meekness of Davis’ Aibileen to The Help‘s most memorable performances, which are also tellingly throwback (Howard’s stinging hornet of a Southern belle and Jessica Chastain’s white-trash bimbo-with-a-heart-of-gold). (2:17) (Chun)

*Higher Ground Higher Ground does not bite off more than it can chew. I guess that should go without saying, but it’s striking how comfortably Vera Farmiga (in her directorial debut) tackles this story of devotion and doubt. Based on the memoirs of Carolyn S. Briggs, who co-wrote the screenplay, this deeply personal film follows Corrine Walker (Vera Farmiga) from her adolescence through the trials of youth and middle age, her marriage to high school sweetheart Ethan (Joshua Leonard), and their lives as members of a small hippie Christian community. Although religion serves as a backdrop for Higher Ground, it doesn’t suffocate the human element of the story; it’s less a film about Christianity than it is about the challenges one woman faces as she tries to find room for herself amidst faith. Farmiga treats her subjects with empathy and humor and crafts a thoughtful, tender slice of sixties Midwest Americana. (1:49) (Cooper Berkmoyer)

*The Interrupters With concern from society and government as a whole at low ebb, communities at greater risk of violence from within than ever have had to come up with their own peace-making solutions. The Interrupters, the latest documentary by Steve James (1994’s Hoop Dreams), shows dedicated efforts to help one of the nation’s worst centers of such bloodshed: Chicago. “Violence is like the great infectious diseases of all history,” says epidemiologist Gary Slutkin, in that it can be stopped from spreading to epidemic proportions by numerous “initial interruption(s) of transmission” at its source. He translated that perspective into the founding of CeaseFire, an organization that doesn’t aim to summarily end the existence of gangs and drug trade. Instead, its plain but hardly simple mission is to stop the shootings, stabbings, etc. which are exacerbated by unemployment, broken families, and other sources of stress whose cumulative effect can rapidly escalate a casual dis to a mortal confrontation. Under CeaseFire’s auspices, Tio Hardiman created the Violence Interrupters program, which drafts people from the community — many former gangbangers themselves — as mediators wading into conflicts to defuse them before things get out of hand. It takes considerable will and nerves of steel; “interrupters” have been shot at, and during the course of this documentary’s year-long span one volunteer lands in the hospital for his trouble. But The Interrupters makes a powerful case against the inevitability of hopelessness turning into violence. (2:05) (Harvey)

*Love Exposure Sion Sono’s Love Exposure opens with the claim that it’s “based on a true event,” which is no doubt its first joke. After the death of his saintly mother, youthful protagonist Yu (Takahiro Nishijima) adapts to the adoption of the priesthood by his father (Atsuro Watabe), though it’s harder to accept the eventual intrusion of an insanely needy new parishioner (a memorable Makiko Watanabe), a crackhead-acting real-life succubus who swiftly destroys dad’s faith and vocation. As a result Yu falls in with a bad crowd, becoming its Jesus in a weird pseudo spiritual observance of taking “peek-a-boo panty photos” while remaining otherwise chaste in anticipation of meeting his own personal Madonna — Holy Virgin and Ciccone personae inclusive. High school heartache, martial arts, Ravel’s Boléro, female impersonation, and the insidious manipulations of an agent (Sakura Ando) from the mysterious, Scientology-like Zero Church all factor prominently in a careening story whose takes on religion, sin, and redemption are nothing if not antic. Just what Sono is saying, however, tends to get lost in the blur. Exposure‘s sheer onslaught, not to mention its scale, have made bowled-over converts out of many viewers. Whether its crazy quilt requires 237 minutes, or 90, or 900 for that matter, is an open question — is the writer-director really going somewhere here, or just going and going and going? (3:57) Roxie. (Harvey)

Midnight in Paris Owen Wilson plays Gil, a self-confessed “Hollywood hack” visiting the City of Light with his conservative future in-laws and crassly materialistic fiancée Inez (Rachel McAdams). A romantic obviously at odds with their selfish pragmatism (somehow he hasn’t realized that yet), he’s in love with Paris and particularly its fabled artistic past. Walking back to his hotel alone one night, he’s beckoned into an antique vehicle and finds himself transported to the 1920s, at every turn meeting the Fitzgeralds, Gertrude Stein (Kathy Bates), Dali (Adrien Brody), etc. He also meets Adriana (Marion Cotillard), a woman alluring enough to be fought over by Hemingway (Corey Stoll) and Picasso (Marcial di Fonzo Bo) — though she fancies aspiring literary novelist Gil. Woody Allen’s latest is a pleasant trifle, no more, no less. Its toying with a form of magical escapism from the dreary present recalls The Purple Rose of Cairo (1985), albeit without that film’s greater structural ingeniousness and considerable heart. None of the actors are at their best, though Cotillard is indeed beguiling and Wilson dithers charmingly as usual. Still — it’s pleasant. (1:34) (Harvey)

Motherland When Raffi Tang (Francoise Yip) learns of her estranged mother’s death, the prodigal-daughter returns to her hometown, San Francisco, only to discover that nothing is as first supposed. Forced to contend with the protracted legal battle between her late mother and re-married father (Kenneth Tsang) as well as an incompetent (and poorly acted) police detective (Jason Payne), Tang drifts, looking distracted, lost, and maybe vaguely concerned throughout the first two thirds of the film. Yip does little to enliven a flat script rife with stock phrases and worn cinematic conventions, and while her emotional distance seems genuine, it’s boring nonetheless. Motherland is, to its credit, an angry movie — director Doris Yeung drew on her own experience with the murder of her mother — but the rage fizzles when it finally does erupt, smothered by uninspired acting and a directionless screenplay. (1:33) (Berkmoyer)

*My Perestroika Robin Hessman’s very engaging documentary takes one very relatable look at how changes since glasnost have affected some average Russians. The subjects here are five thirtysomethings who, growing up in Moscow in the 70s and 80s, were the last generation to experience full-on Communist Party indoctrination. But just as they reached adulthood, the whole system dissolved, confusing long-held beliefs and variably impacting their futures. Andrei has ridden the capitalist choo-choo to considerable enrichment as the proprietor of luxury Western menswear shops. But single mother Olga, unlucky in love, just scrapes by, while married schoolteachers Lyuba and Boris are lucky to have inherited an apartment (cramped as it is) they could otherwise ill afford. Meanwhile Ruslan, once member of a famous punk band (which he abandoned on principal because it was getting “too commercial”), both disdains and resents the new order just as he did the old one. Home movies and old footage of pageantry celebrating Soviet socialist glory make a whole ‘nother era come to life in this intimate, unexpectedly charming portrait of its long-term aftermath. (1:27) Balboa. (Harvey)

*The Names of Love Arthur (Jacques Gamblin) is a 40-ish scientist being interviewed about the threat of a bird flu epidemic when his radio broadcast is interrupted by 20-something Baya (Sara Forestier), who denounces him on-air as a “fascist” for frightening the public. But then, Baya tends to use that label rather indiscriminately, applying it to anyone who might conceivably have views to the right of the dial — and Arthur is in fact a solid liberal, which means she can bed him for love. As opposed to the many, many other men she beds as a self-described “political whore,” seeking out conservative types in order to seduce them and hopefully induce an idealogical shift by whispering sweet nothings (“Not all Arabs are thieves,” etc.) as they orgasm. Raised by parents whose emotions are so tightly wound his mother won’t acknowledge her parents were Jews killed at Auschwitz, Arthur has a hard time adjusting to a relationship with a lover who is faithful emotionally but sees promiscuity as her propagandic gift to the world. Meanwhile Baya’s largely Algerian family treats garrulous political argument as the very air they breathe. This odd-couple story written by Baya Kasmi and director Michel Leclerc deals with serious issues in both humorous and respectful fashion, making for one of the more novel, delightful and depthed French romantic comedies in a long time. Added plus: lots of antic gratuitous nudity. (1:42) Smith Rafael. (Harvey)

*One Day Why do romantic comedies get such a bad rap? Blame it on the lame set-up, the contrived hurdles artificially buttressed by the obligatory chorus of BFFs, the superficial something-for-every-demographic-with-ADD multinarrative, and the implausible resolutions topped by something as simple as a kiss or as conventional as marriage, but often no deeper, more crafted, or heartfelt than an application of lip gloss. Yet the lite-as-froyo pleasures of the genre don’t daunt Danish director Lone Scherfig, best known for her deft touch with a woman’s story that cuts closer to the bone, with 2009’s An Education. Her new film, One Day, based on the best-selling novel by David Nicholls, flirts with the rom-com form — from the kitsch associations with Same Time, Next Year (1978) to the trailer that hangs its love story on a crush — but musters emotional heft through its accumulation of period details, a latticework of flashbacks, and collection of encounters between its charming protagonists: upper-crusty TV presenter Dexter (Jim Sturgess) and working-class aspiring writer Emma (Anne Hathaway). Their quickie university friendship slowly unfolds, as they meet every St. Swithin’s Day, July 15, over a span of years, into the most important relationship of their lives. Despite the blue-collar female lead and UK backdrop that it shares with An Education, One Day feels like a departure for Scherfig, who first found international attention for her award-winning Dogme 95-affiliated Italian for Beginners (2000). (1:48) (Chun)

*Our Idiot Brother If you thought 1998’s The Big Lebowski had eked all the humor that it could from the Dude, well, screenwriter (and Vanity Fair contributor) Evgenia Peretz, her not-so-idiotic brother (director Jesse Peretz), and star Paul Rudd would differ. They correctly guessed that there are still laughs to be wrung from a shaggy stoner in floral jams, only this time with less fuuuck-s and more benevolent, idiot-savant good vibrations. Dazed and confused broheim 2.0 (Rudd) is glimpsed through the jaded, harried prism of his three dysfunctional, supposedly normal sisters: frumpadelic mom Liz (Emily Mortimer), queen-bitch Vanity Fair writer Miranda (Elizabeth Banks), and slatternly would-be comedian Natalie (Zooey Deschanel). A good-hearted naïf who’s easily entrapped by a uniformed police officer claiming to need some pity doobage, Ned has just emerged from the joint and is now couch-surfing among his sibs, exposing the hypocrisies of bourgie-hipster Brooklyn, as well as the infidelities and vanities of family, friends, and partners (Steve Coogan, Rashida Jones, Adam Scott, and Hugh Dancy) as he goes, in his own good-natured, aw-shucks way. As innocuous (and desexualized) as Andy Griffith beneath the hippie trappings, this dude-with-a-little-d knows where his real family is — with his dog, Willie Nelson, who loves him just as unconditionally. Beastie besties have never seemed so innocent as they are in this proudly feel-good comedy, and despite a cringe-y, saccharine soundtrack and lackadaisical pacing, Rudd’s charismatic sunny slacker and some pointed jabs at the follies of the cooler-than-thou save this indie-that-could. (1:36) (Chun)

*Point Blank Not for nothing did Hollywood remake French filmmaker Fred Cavaye’s last film, Anything for Her (2008) as The Next Three Days (2010) — Cavaye’s latest, tauter-than-taut thriller almost screams out for a similar rework, with its Bourne-like handheld camera work, high-impact immediacy, and noirish narrative economy. Point Blank — not to be confused with the 1967 Lee Marvin vehicle —kicks off with a literal slam: a mystery man (Roschdy Zem) crashing into a metal barrier, on the run from two menacing figures until he is cornered and then taken out of the action by fate. His mind mainly on the welfare of his very pregnant wife Nadia (Elena Anaya), nursing assistant Samuel (Gilles Lellouche) has the bad luck to stumble on a faux doctor attempting to make sure that the injured man never rises from his hospital bed. As police wrangle over whose case this exactly is — the murder of an industrialist seems to have expanded the powers of the stony-faced, monolithic Commandant Werner (Gerard Lanvin) — Samuel gets sucked into the mystery man’s lot, a conspiracy that allows them to trust no one, and seemingly impossibly odds against getting out of the mess alive. Cavaye never quite stops applying the pressure in this clever, unrelenting cat-and-mouse and mouse-and-his-spouse game, topping it with a nerve-jangling search through a messily chaotic police station. (1:24) (Chun)

*Rise of the Planet of the Apes “You gotta love a movie where the animals beat up on the humans,” declared my Rise of the Planet of the Apes companion. Indeed, ape must not kill ape, and this Planet of the Apes prequel-cum-remake of Conquest of the Planet of the Apes (1972) takes the long view, back to the days when ape-human relations were still high-minded enough to forbid smart apes from killing those well-armed, not-so-bright humanoids. I was a fan of the original series, but honestly, I approached Rise with trepidation: I dreaded the inevitable scenes of human cruelty meted out to exploited primates — the current wave of chimp-driven films seems focused on holding a scary, shaming mirror up to the two-legged mammalian violence toward their closest living genetic relatives. It’s a contrast to the original series, which provided prisms with which to peer at race relations and generational conflict. But I needn’t have feared this PG-13 “reboot.” There’s little CGI-driven gore, apart from the visceral opening and the showdown, though the heartbreak remains. Scientist Will (James Franco, brow perpetually furrowed with worry) is working to find a medicine designed to supercharge the brain in the wake of Alzheimer’s — a disease that has struck down his father (John Lithgow). When the experimental chimp that responds to his serum becomes violently aggressive, the project is shut down, although the primate leaves behind a surprise: a baby chimp that Will and his father name Caesar and raise like a beloved child in their idyllic Bay Area Victorian. Growing in intelligence as he matures, Caesar finds himself torn by an existential dilemma: is he a pet or a mammal with rights that must be respected? Rise becomes Caesar’s story, rendered in heart-wrenching, exhilarating ways — to director Rupert Wyatt and his team’s credit you don’t miss the performance finesse of Roddy McDowell and Kim Hunter in groundbreaking prosthetic ape face in the original movies — while resolving at least one question about why humans gave up the globe to the primates. One can only imagine the next edition will take care of the lingering question about how even the cleverest of apes will feed themselves in Muir Woods. (1:50) (Chun)

Sarah’s Key (1:42)

*Senna When Ayrton Senna died in 1994 at the age of 34, he had already secured his legacy as one of the greatest and most beloved Formula One racers of all time. The three-time world champion was a hero in his native Brazil and a respected and feared opponent on the track. This eponymous documentary by director Asif Kapadia is nearly as dynamic as the man himself, with more than enough revving engines and last minute passes to satisfy your lust for speed and a decent helping Ayrton’s famous personality as well. Senna was a champion, driven to win even as the sometimes-backhanded politics of the racing world stood in his way. A tragic figure, maybe, but a legend nonetheless. You don’t have to be an F1 fan to appreciate this film, but you may wind up one by the time the credits roll. (1:44) Smith Rafael. (Berkmoyer)

Seven Days in Utopia (1:38)

Shark Night 3D (1:31)

Sholem Aleichem: Laughing in the Darkness This documentary cuts to the chase right at the beginning: yeah, Sholem Aleichem was the guy who wrote the Tevye stories that inspired Fiddler on the Roof. But filmmaker Joseph Dorman isn’t trying to make Fiddler: Behind the Musical. Instead, he takes an in-depth look at the life, writing career, and cultural significance of “one of the great modern Jewish writers — and our greatest Yiddish writer,” per the film’s press notes. Fans of Jewish lit will be particularly engaged by Sholem Aleichem’s tale; raised in a shtetl in what’s now the Ukraine, he moved around Europe and to the United States pursuing various careers, but always writing the popular stories that addressed not just Jewish life, but broader issues facing turn-of-the-last-century Jews, including the cross-generational conflicts that make up much of Fiddler‘s plot and humor. That said, this film does rely an awful lot on PBS-style slow pans over black-and-white photos and intellectual talking heads; one suspects the subject himself (so devoted was he to entertaining the regular folk who gobbled up his tales) would’ve preferred his life story to unfold in a livelier fashion. (1:33) (Eddy)

*Shut Up Little Man! An Audio Misadventure Once upon a time (1987 to be exact), two young men moved to San Francisco from the Midwest. Eddie Lee “Sausage” and Mitchell “Mitch D” Deprey wound up living in a somewhat derelict apartment in the Lower Haight. The paint was peeling and the walls were thin, but the rent was cheap. What Eddie and Mitch didn’t count on was having Peter J. Haskett and Raymond Huffman as their neighbors. “You blind cocksucker. You wanna fuck with me? You try to touch me and I will kill you in a fucking minute.” “Shut up! Shut up! Shut up! Shut up little man!” The insults, tantrum throwing, and threats of violence coming from next door were constant. Eddie and Mitch started to lose sleep; after one failed attempt at complaining to Raymond’s face (he threatened death), they started tape-recording the endless geyser of vitriol — first, as possible future evidence, but also out of a growing voyeuristic fascination with these two seniors who had to be the world’s oddest and angriest odd couple. The rest is history. Mitch and Eddie started including snippets of Peter and Ray’s bickering on mix tapes for friends. Somehow, the editor of the now-defunct SF noise music zine Bananafish heard a snippet and approached Mitch and Eddie about distributing compilations of the recordings to a large network of found sound fans. Gradually “Peter and Raymond” became known and much-beloved characters. Their warped repartee inspired several theatrical adaptations, short animated films, pages of comic book panels by artists such as Dan Clowes, and even a one-off single from Devo side project the Wipeouters. Matthew Bate’s documentary Shut Up Little Man! An Audio Misadventure is much an attempt to comprehensively recount the above long, strange trip from start to finish; it is also the newest chapter in the now 20-year saga of Peter, Raymond, Mitch, and Eddie. (1:30) Roxie. (Sussman)

30 Minutes or Less In some ways, 30 Minutes or Less is reminiscent of 2008’s Pineapple Express: both are stoner action comedies about normal people shoved into high-stakes criminal activity. But while Pineapple Express was an exciting addition to the genre, 30 Minutes or Less is a flimsy 80-minute diversion that still feels like a waste of time. Jesse Eisenberg plays Nick, a pizza delivery boy who is forced to rob a bank after two would-be criminals strap a bomb to his chest. Strangely, Eisenberg was more charming as Mark Zuckerberg in The Social Network (2010) — and his buddy Chet (Aziz Ansari) doesn’t exactly up the likability factor. There’s actually the potential for an interesting story here: something darker seems appropriate, given that 30 Minutes or Less was inspired by a true story with a very unhappy ending. But the film completely fumbles, delivering an action comedy that’s neither tense nor funny. That means the pizza’s free, right? (1:29) (Peitzman)

The Tree of Life Mainstream American films are so rarely adventuresome that overreactive gratitude frequently greets those rare, self-conscious, usually Oscar-baiting stabs at profundity. Terrence Malick has made those gestures so sparingly over four decades that his scarcity is widely taken for genius. Now there’s The Tree of Life, at once astonishingly ambitious — insofar as general addressing the origin/meaning of life goes — and a small domestic narrative artificially inflated to a maximally pretentious pressure-point. The thesis here is a conflict between “nature” (the way of striving, dissatisfied, angry humanity) and “grace” (the way of love, femininity, and God). After a while Tree settles into a fairly conventional narrative groove, dissecting — albeit in meandering fashion — the travails of a middle-class Texas household whose patriarch (a solid Brad Pitt) is sternly demanding of his three young sons. As a modern-day survivor of that household, Malick’s career-reviving ally Sean Penn has little to do but look angst-ridden while wandering about various alien landscapes. Set in Waco but also shot in Rome, at Versailles, and in Saturn’s orbit (trust me), The Tree of Life is so astonishingly self-important while so undernourished on some basic levels that it would be easy to dismiss as lofty bullshit. Its Cannes premiere audience booed and cheered — both factions right, to an extent. (2:18) (Harvey)

*The Trip Eclectic British director Michael Winterbottom rebounds from sexually humiliating Jessica Alba in last year’s flop The Killer Inside Me to humiliating Steve Coogan in all number of ways (this time to positive effect) in this largely improvised comic romp through England’s Lake District. Well, romp might be the wrong descriptive — dubbed a “foodie Sideways” but more plaintive and less formulaic than that sun-dappled California affair, this TV-to-film adaptation displays a characteristic English glumness to surprisingly keen emotional effect. Playing himself, Coogan displays all the carefree joie de vivre of a colonoscopy patient with hemorrhoids as he sloshes through the gray northern landscape trying to get cell reception when not dining on haute cuisine or being wracked with self-doubt over his stalled movie career and love life. Throw in a happily married, happy-go-lucky frenemy (comic actor Rob Brydon) and Coogan (TV’s I’m Alan Partridge), can’t help but seem like a pathetic middle-aged prick in a puffy coat. Somehow, though, his confused narcissism is a perverse panacea. Come for the dueling Michael Caine impressions and snot martinis, stay for the scallops and Brydon’s “small man in a box” routine. (1:52) (Devereaux)

The Whistleblower (1:58) Smith Rafael.

*!Women Art Revolution Bay Area artist and filmmaker Lynn Hershman Leeson’s vibrant look back at the first waves of feminist art in the ’60s and ’70s is an extremely necessary and impassioned recounting of a history that perpetually seems to be on the edge of erasure. Mixing old and new interviews with artists, critics, and scholars — many of which are from Hershman Leeson’s own personal archive — !W.A.R. lets those who stood at the frontlines of one the most significant movements in contemporary art tell their own stories. Seeing and hearing the testimonies of the likes of Yoko Ono, Cindy Sherman, B. Ruby Rich, Judy Chicago, Carolee Scheeman, Rachel Rosenthal, and Ingrid Sischy, one after another, is dazzling — like being in the presence of an Olympian summit — even as their overlapping tales of pushback, casual misogyny and outright ridicule from critics, the art establishment, and in some cases, their colleagues, paint a damning picture of just how endemic sexism was, and as the need for a film such as !WAR attests to, in many ways still is. (1:23) (Sussman)

Film listings are edited by Cheryl Eddy. Reviewers are Kimberly Chun, Michelle Devereaux, Max Goldberg, Dennis Harvey, Louis Peitzman, Lynn Rapoport, Ben Richardson, and Matt Sussman. For rep house showtimes, see Rep Clock. Due to the Labor Day holiday, theater information was incomplete at presstime.

The America’s cup confusion

19

If the sponsors (and city officials) are right, the America’s Cup is going to be a huge event, attracting hundreds of thousands of spectators, many of whom will want to be on the San Francisco waterfront to watch. But it’s never been clear to me exactly how that’s going to work — how are all those (rich) people who are used to getting around in limos going to travel from their downtown hotels to the viewing areas? If the city wanted to do this right, we should close down the Embarcadero and some of the feeder streets to all vehicles (except ambulances — always needed when rich old people get excited) and force everyone to travel by pedicab. Buy up a fleet of several hundred of the human-powered vehicles and let all the unemployed teenagers get a shot at driving them. Job creation for youth; environmentally sound transportation; potentially fun bumper-car action with well-heeled patrons screaming in fear.


Remember: The f-line, even with improvements, can’t possibly handle the necessary traffic. And the AC types aren’t going to ride the train anyway. No way private cars can all fit without massive gridlock.


So: Pedicabs. My suggestion.


In the meantime, there’s this little problem of 8 Washington.


See, the developer of what would be the city’s most expensive condos ever is planning on excavating 110,000 cubic yards of soil for a massive underground parking garage — right along the Embarcadero, and right during the America’s Cup events. The Draft Environmental Impact Report for 8 Washington indicates that the dump trucks (about 20 big trucks per day, and possibly a lot more) would be using that roadway to get to 101 or 280.


Actually, if activist Brad Paul is correct, there’s no way the developer can excavate that much dirt in the time frame that it’s supposed to happen unless the number of trucks is closer to 300 a day. Imagine all of that happening while 100,000 people are trying to get to the waterfront to watch the show. Oh, and according to the DEIR for the America’s Cup, the Embarcadero will be CLOSED during that period.


The fact is, the 8 Washington project is not only a terrible idea (just what the city needs — more condos for mega-millionaires) but would directly screw up the whole America’s Cup effort. And the amazing thing is that the AC people and the Mayor’s Office don’t seem to be paying attention.


Paul has put together a lengthy critique of the whole mess that makes great reading if you’re into this sort of thing. So I thought I’d just post it all here. Warning: It’s long. Enjoy.


August 15, 2011                                                                                                         


Bill Wycko
Environmental Review Officer
San Francisco Planning Department
1650 Mission Street, Suite 400
San Francisco, CA  94103


Re: COMMENTS ON DRAFT EIR FOR 8 WASHINGTON STREET/
SEAWALL LOT 351 PROJECT    
Case No. 2007.0030E


Dear Mr. Wycko:


I am writing to my provide my comments on the Draft Environmental Impact Report (“DEIR”) for this project, a document that is incomplete, inadequate and in places quite misleading. I’ve organized my comments in sections beginning with a detailed discussion of how the project’s construction schedule has been greatly underestimated. This is followed by discussions of the DEIR’s failure to address key Housing and Population issues, misstatements regarding historic obligations related to Golden Gateway, comments on recreation issues, and more.  In general, I believe the DEIR fails to present objective information and analysis, it omits a number of relevant issues that are critical to the ability of public officials to make objective and informed decisions about the project and it is filled with judgments and assertions that are not supported by facts.


The DEIR is incomplete and inadequate in the following areas:


I. THE DEIR CONSTRUCTION SCHEDULE FOR 8 WASHINGTON IS BOTH INACCURATE AND MISLEADING.


The DEIR construction schedule is based on overly optimistic assumptions that are totally unrealistic; the ramifications of these erroneous assumptions need to be carefully considered as they will cascade throughout the project requiring major revisions to the DEIR before it can be considered accurate and complete.


At the bottom of page II.19 it states:
 
      Project construction, including demolitions, site and foundation work,
      construction of the parking garage, and construction of the buildings,
      would take 27-29 months. Assuming that construction would begin in 2012,   
      the buildings would be ready for occupancy in 2014. The first phase of the
      construction would take about 16 months and would include demolition       
     (2 months), excavation and shoring (7 months), and foundation and below
      grade construction work (7 months).


While the DEIR unequivocally states the project will take 27-29 months to construct, from 2012 to 2014, facts provided elsewhere in the DEIR together with current city policies,  the City’s America’s Cup Host and Venue Agreement and basic math indicate that this schedule is not tenable. The remainder of this section provides the data and analysis that lead to the conclusion that construction of 8 Washington will take much longer than 27-29 months, almost TWICE AS LONG, with excavation taking 2.5 to 3 TIMES longer.  


 


Table 1: Requested Changes to the overall DEIR construction schedule


          ACTIVITY             MINIMUM           MAXIMUM


    DEIR’s construction schedule: 27 months    to    29 months  


    Actual excavation schedule:  18 months           22 months
    — DEIR estimate for excavation – 7 months            – 7 months
    + Increased excavation time  11 months      to       15 months 
    + Archeology delays                .5 months      to         2 months
    +  America’s Cup delays                  2.5 months       to         5 months
    +  Weather delays                        .25 months      to         1 months


   ACTUAL CONSTRUCTION TIME 41 months       to      52 months



 
To refute the numbers in Table 1, project sponsors must present additional, verifiable data supporting their unrealistic assumptions, beginning with the claim that the first phase of construction takes 16 months with a mere seven months allocated for excavation/shoring.


A. The DEIR fails to accurately ascertain and analyze the excavation/shoring schedule.


The DEIR states on page II.20 that “approximately 110,000 cubic yards of soil” will be excavated from the site for an underground garage (approximately 90,000 cubic yards) and other foundation work during the seven (7) month “excavation” portion of the projected timeline. It later states excavation will take place 6.5 hours per day with an average of 20 truck trips per day (pg.IV.D.31). Assuming the average dump truck holds 12 cubic yards of dirt (typical payload for a dump truck), that would mean:


      · 110,000 cu. yards/12 cubic yards per truck = 9,166 truck trips


      · 20 trucks/day X 12 cubic yards/trip = an average of 240 cu. yards/day


      · 110,000 cu. yards/240 cu. yards per day = 458 working days for this task


Could this task be completed in seven (7) months as claimed in the DEIR?  NO.


     ·5 working days per week X 52 weeks = 260 working days per year
             – 11 holidays per year
                   249  total working days/year
   


     ·458 days to finish task/249 working days per year = 22 months  (not 7)
     
For this to take 7 months as the DEIR asserts, the following would have to be true:


   · 20 trucks/day X 7 months (145 working days ) = 2,900 total truck trips


   · 110,000 cu. yards/2,900 trucks = each truck must average 38 cubic yards/trip
Empirical evidence exists, however, proving the DEIR’s claim that the excavation portion of the schedule will take seven months is inaccurate and misleading:



             
        CASE STUDY #1: San Francisco General Hospital Rebuild Project


A recent SF General Hospital (SFGH) Newsletter reports the hospital’s contractor just finished hauling 120,000 cu. yards of dirt from the 45’ deep hole that was dug to build two basement levels and the foundation for a new hospital building. This is as close as anyone is likely to get to replicating what 8 Washington proposes, a three level 40’ deep underground garage accounting for most of the 110,000 cubic yards of dirt that must be removed from the site. 


A call to the SFGH Rebuild office revealed their excavation process took seven (7) months with an average truck load of 13 cu. yards per trip. How was that possible?


“The average truck load was 13 cubic yards. Some days we had
over 300 truck loads hauled in one day. This volume was possible
through use of a paved drive that allowed trucks to enter the side, be
loaded up then tires washed to prevent dirt on road causing storm-            
water pollution and dust.”


The SF General site is just a few blocks from U.S. 101 with direct access via Potrero Ave., thus minimizing potential traffic conflicts. The 8 Washington site will require driving long distances on city streets including “The Embarcadero, Harrison Street, and King Street… likely the primary haul and access routes to and from I-80, U.S. 101, and I-280 (pg. IV.D.31).” Imagine 300 trips a day on one of these streets.


 


        
               CASE STUDY #2: SF PUC’s New Hetch Hetchy Reservoir Tunnel


A recent Oakland Tribune story (4/8/11) describes construction of a new 3.5-mile tunnel designed to protect the water supply from SF’s Hetch Hetchy reservoir from major earthquakes by boring a 2nd, state-of-the-art tunnel from Sunol to Fremont alongside the existing 81-year-old Irvington Tunnel. The article states:


      “By the time the New Irvington Tunnel is completed in 2014, crews will have
        excavated about 734,000 cubic yards of material—the equivalent of 61,000
        dump-truck trips, said officials with the SF Public Utilities Commission.”


Dividing 734,000 cubic yards of soil by the 61,000 dump truck trips that the PUC says are necessary equals 12 cubic yards per truck trip. Given this job’s overall size and $227 million budget, it would seem to confirm the fact that the most efficient excavation equipment for the 8 Washington site will be 12 cubic yard dump trucks.



In light of these facts and the analysis provided above, the only way 8 Washington could meet its proposed seven (7) month excavation schedule would be to:


a) schedule up to 300 TRUCK TRIPS A DAY, over 10 TIMES the average number of trips per day (20) stated in the DEIR and 3 TIMES the absolute maximum of 100 truck trips per day (pg. IV.D.31)  along the Northeast Embarcadero during a period of time that directly overlaps with the major America’s Cup events and activities, something specifically prohibited by the City’s America’s Cup Host and Venue Agreement ,        


         OR


b) average 38 cubic yards of dirt per truck trip, 3 TIMES the average truck payload of both the PUC’s Irvington Tunnel project and SF General Hospital’s 120,000 cubic yard excavation project—assuming that 38 cubic yard trucks:  a) exist in sufficient quantity in   the Bay Area, b) would be available during that period of time described and c) would be allowed on The Embarcadero, Harrison St., King St., Washington St. and Drumm St. by     the City. [see photo comparison of 12 cubic yard vs. 30 cubic yard trucks below]


Unless the project sponsor can demonstrate that one of these two highly unlikely scenarios is possible, then the EIR must reanalyze a number of impacts (e.g. Land Use, Air Quality, Greenhouse Gases) based on a revised excavation schedule, one that takes 2.5 to 3 TIMES as long as the one described in DEIR to complete excavation work, and this 22 month timeline assumes NO archeological remains are found on site and the City imposes NO stop work orders related to America’s Cup (see below).


This 15-month difference between the excavation period analyzed in the DEIR and the ACTUAL time it will take to complete the excavation (22 months vs. 7 months) is a major deficiency in the DEIR with profound impacts.  For instance, some of the most significant unavoidable negative impacts described in the DEIR involve degraded air quality both during and after construction. Adjusting the environmental analysis to reflect how long excavation will actually take means significant air quality impacts related to excavation (with the greatest detrimental effect on seniors, children and people exercising) will persist for 2.5 to 3 TIMES LONGER than described in the DEIR.  This flaw also requires significant revisions to other sections of the DEIR.


In light of this new information, the next draft of the EIR must contain an analysis of    this longer overall construction period—two months for demolition; a range of 18 to 22 months for excavation (not seven months); a built-in range of time for the shutting down of the site when archeological artifacts are uncovered, documented and extracted (something the DEIR’s archeology consultant states is “likely” ); and the building construction period. Finally, given these overly aggressive excavation schedule estimates, all other estimates for later construction phases must now to be cross checked for accuracy by independent contractors (e.g. not working for 8 Washington developer    or the source of the prior DEIR excavation estimate).


B. The actual construction timeline for 8 Washington will be 41-52 MONTHS. 
If the project sponsors disagree with this assessment, they must provide the Planning Department with much more detailed information on how they expect to achieve a shorter construction period given the restrictions described in the DEIR itself as well as mathematical analysis described above. For instance,


– Did the developers err when they reported that the average number of truck
   trips per day would be 20 as analyzed in the DEIR?  If so, what number do they 
   choose to use now and how does that impact various aspects of the DEIR analysis
   such as air quality, conflicts with pedestrians, MUNI and America’s Cup, etc.. 


– Does the developer plan to raise the limit of truck trips per day from 100 (as
   per the DEIR) to 300 truck trips per day? If so, how often will this happen and 
   how will these changes impact various aspects of the previous EIR analysis (e.g. air
   quality, traffic/transit/pedestrian conflicts, America’s Cup)?


– Does the developer plan to lengthen the average workday or work six days a
   week? If so, how often and how would this impact the previous DEIR analysis?
   NOTE: The DEIR construction schedule (27-29 months) was not predicated on the
   trucks operating 6 days a week EVERY WEEK. But even if the developer ran dump  
   trucks 6 days a week for the ENTIRE excavation period it would still take TWICE AS
   LONG as the DEIR states to remove 110,000 cubic yards of dirt .


– Where is the project sponsor planning to route 100 to 300 trucks a day as they
   leave the site, particularly during the various America’s Cup trials (2012) and
   finals (2013) when vehicular traffic will be severely limited or prohibited?
   Washington Street? The Embarcadero? Drumm Street? Clay Street?, where exactly?


– Have the developers located a source of 30+ cubic yard trucks and secured
   city permission to use them on the specific streets described in the DEIR?
   It seems fair to assume the SF General Hospital’s excavation contractor would have
   done this if it were possible (and the SF PUC’s Irvington Tunnel contractor). See the  
   three photos below to get a sense of the size difference between a typical 12 cubic yard
   dump truck and the type of tractor-trailer rig required to carry 30 cubic yards or more.



As the questions and examples (SF General Hospital) above demonstrate, the DEIR’s claim that 110,000 cubic yards can be excavated in seven months defies the laws of physics and math, not to mention the America’s Cup Host & Venue Agreement between the City and Larry Ellison’s Oracle BMW Racing Team 


 A thorough reading of the DEIR’s Archeology section and the America’s Cup Host and Venue Agreement indicate that additional time must be built into the construction schedule for predictable work stoppages related to both issues.


KNOWN ARCHEOLOGICAL RESOURCES IDENTIFIED ON THIS SITE IN THE DEIR


On page IV.C.12, the DEIR’s archeology consultant, Archeo-Tec, identifies the Gold Rush ship Bethel as located under a portion of the site and states that “If discovered, the Bethel would be the oldest known (and perhaps most intact) archeological example of an early Canadian built ship (Pg. IV.C.3)”. On page IV.C.11, the archeology consultant states “Significant archeological resources are likely to exist at this site”.  The DEIR, goes on to state the proposed project will destroy a portion of city’s original Seawall causing “the largest disturbance of the Old Seawall to date”.


As a result of these DEIR findings, the archeology consultant should now be asked for an estimate of the time required to mitigate the discovery of the Bethel and other likely finds (e.g. original Seawall, other Gold Rush ships, original Chinatown). This “likely” work delay should be built into the construction schedule and stated as a range. For purposes of the matrix below (Table 1) we chose a time of two weeks to two months based on anecdotal information from other similar sites. Archeo-Tec, the archeology consultant, should be able to come up with a more precise estimate.


KNOWN AMERICA’S CUP SCHEDULING CONFLICTS


Based on recent MTA staff presentations on protocols for the America’s Cup, it seems clear that traffic, particularly construction dump trucks, will be banned from Washington Street, Drumm Street and The Embarcadero during major America’s Cup events that include, at a minimum, the America’s Cup World Series warm-up races (July/Sept. 2012), the penultimate Louis Vuitton Cup Series (July/August 2013) and the America’s Cup finals (Sept. 2013).  


This represents a minimum of 2.5 months that must be added to the construction schedule, something the DEIR authors should have included if they had read the America’s Cup DEIR which states there are 9+ weeks of races associated with this event in 2012/2013. The extra few weeks added to the low end range in Table 1 (below) are there to accommodate last minute weather delays and various large non-racing events held along the waterfront that will require closure of The Embarcadero, Washington Street, Drumm Street, etc.


Table 1 below lays out a more credible and realistic construction schedule based on the factors described at length above, taken directly from the DEIR or readily available from the city (e.g. America’s Cup DEIR) and the America’s Cup Host and Venue Agreement.


 
Table 1: Requested Changes to the overall DEIR construction schedule


          ACTIVITY             MINIMUM           MAXIMUM 


    DEIR’s construction schedule: 27 months    to    29 months  


    Actual excavation schedule:  18 months           22 months
    — DEIR estimate for excavation – 7 months            – 7 months
    + Increased excavation time  11 months      to       15 months 
    + Archeology delays                .5 months      to         2 months
    + America’s Cup delays                   2.5 months        to         5 months
    + Weather delays                        .25 months      to         1 months


   ACTUAL CONSTRUCTION TIME 41 months       to      52 months


To refute these numbers, the project sponsors must not only present a verifiable and detailed plan to remove 110,000 cubic yards (9,167 truck trips) in seven months that the City has signed off on but also produce a letter from the City and Oracle BMW Racing granting a waiver from Section 10.4 of the America’s Cup Host and Venue Agreement that would allow 20 to 300 trucks a day to drive along The Embarcadero, Washington Street   or Drumm Street during major America’s Cup events in 2012 and 2013.


D. Significant Transportation and Energy issues that were not addressed in DEIR.


More specific information related to the construction process needs to be provided and analyzed in the EIR, particularly regarding the far reaching impacts of those 9,166 dump truck trips, impacts that go beyond the immediate Northeast Waterfront.


The DEIR states “While the exact routes that construction trucks would use would depend on the location of the available disposal sites, The Embarcadero, Harrison Street, and King Street would likely be the primary haul and access routes to and from I-80, U.S. 101, and I-280”. At a minimum, The EIR needs to include information on where the two or three most likely disposal sites are located, based on recent experience (SF General Hospital excavation) so that one can analyze the extent of potential conflicts on the Bay Bridge or 101 South where other trucks will be transporting dirt to and/or from the Transbay Terminal project, Hunters Point Shipyard, Mission Bay, Treasure Island, etc. Without this information, the City could find itself creating significant traffic conflicts on the Bay Bridge or highway 101 that greatly increase air quality, traffic and transit problems without having analyzed these potential impacts in a flawed EIR.


Simply saying “While the exact routes that construction trucks would use would depend on the location of the available disposal sites” isn’t adequate or acceptable. Assumptions must be made regarding most likely disposal sites and routes to those sites and what additional cumulative impacts these routes (and 9,166 trucks) will create. The EIR must provide a MAP of the route to be used for hauling soil, all the way from the departure point at 8 Washington to the final destination(s) with an explanation of where trucks will drive and what restrictions there are on hours, size of payload, safety, etc. for the various streets, highways and bridges they will travel on. If the options include trucking the soil to San Francisco’s southern waterfront to transfer it to barges, then this needs to be disclosed and analyzed, including the potential routes and destinations of those barges.
In addition, to accurately compare the environmental impacts of the project sponsor’s ‘Preferred Project’ to the “No Project” alternative (energy consumption, traffic impacts, air quality degradation, etc.), one needs to know not only the destination of the approximately 9,166 dump truck trips but also the average miles per gallon of a typical dump truck. For instance, if the final destination for the soil was 100 miles away and a typical dump truck averages 8 miles per gallon of diesel fuel, then:



      9,166 truck trips X 200 miles per round trip = 1,833,200 miles for all dump trucks;


      1,833,200 gallons/8 MPG = 229,150 gallons of diesel fuel that would be burned. 


    
In other words, the city’s choices would be:



     229,150 gallons of diesel fuel used to transfer 110,000 cubic yards 1,833,200 miles


VS.


    ZERO (O) gallons of diesel fuel used if the NO PROJECT alternative were approved.


 


E. Importance of accurate, detailed information re: the construction process.


Given the above discussion, it is clear that the construction schedule set forth in the DEIR is inaccurate at best and has led, in many cases, to the significant understating of major negative impacts associated with this project. The lack of a detailed discussion of some of the key aspects of the construction process, e.g. the route and destination of 9,166 dump trucks, is also highly problematic.


Without a complete and thorough analysis of the impacts of a of an overall construction schedule that is TWICE AS LONG as the one analyzed in this DEIR, city officials will be missing much of the critical information they need to determine whether or not the developer’s ‘Preferred Project’ is necessary, desirable or feasible. A complete and factual analysis of this issue must be included in the next draft of the EIR which, given this and  other major inaccuracies and omissions (see below), should be recirculated in draft form.


 



II. THE DEIR FAILS TO DISCUSS OR ANALYZE ANY CRITICAL HOUSING ISSUES RELEVANT TO 8 WASHINGTON OR UNIQUE ENVIRONMENTAL AND ENERGY IMPACTS THOSE HOUSING ISSUES CREATE. 


A. Impacts of the project on the City’s Housing Needs were Not Analyzed in DEIR.  The DEIR states that potentially significant impacts to Population and Housing will not be discussed because the 2007 NOP/Initial Study found that the proposed project would not adversely affect them. Unfortunately the DEIR lacks the basic information needed to reach such a conclusion and, as we will demonstrate, an objective review of relevant 2008-2011 housing data contradicts this conclusion.


The world, particularly regarding housing, has changed radically since 2007. Relying   on housing and population information from 2007 ignores the financial and housing meltdown of 2008 and is simply indefensible. In addition, back in 2007, the EIR consultants were relying on stale, seven-year-old census data while today they have access to a multitude of fresh 2010 census data. No one can dispute that the housing environment today could not be more unlike the housing environment in 2007.
By relying solely on pre-2008 housing data from the 2007 NOP/Initial Study, this DEIR    lacks any of the basic information needed to conclude that this project would not have adverse effects on Population and Housing and must now revisit and thoroughly analyze these issues.


B. The DEIR fails to analyze how the type and price of housing proposed for
8 Washington determines whether or not it meets the city’s housing needs.


One of the project objectives (Pg II.14) is to “help meet projected City housing
needs.” How is that possible, given the fact that the developer has publicly stated
that these will be “the most expensive condominiums in the history of SF” ? With a
$345,000,000 project cost , 8 Washington’s 165 units will cost $2.0 million a unit
just to build . To secure financing and a ‘reasonable’ profit, each unit will have to
sell for $2.5-$5 million with penthouses selling for $8-$10 million.


Nowhere in the DEIR is ANY of this discussed. There is no analysis of how these
very high sales prices will determine who lives at 8 Washington (e.g. how many San
Francisco families could afford these prices?) and how the incomes of these new
residents ($250,000 to over $1 million/year) will dramatically change a number of
the environmental impacts of the project, with major implications for sustainability
and energy use, among other things.


The final EIR must state the average cost to build each unit and the range of
sales prices expected so that public officials can assess for themselves whether
the proposed condos will or will not  “help meet projected City housing needs.” 


The 2009 Housing Element, signed into law by Mayor Ed Lee on June 29, 2011, states that 61% of the housing need in San Francisco is for below-market-rate housing—serving families making 30-120% of Area Median Income (AMI), and only 39% of the city’s housing need is for market rate housing (120% to 500+% AMI).


As Planning staff and Commissioners know from their Housing Element discussions, the luxury condos proposed for this project are so expensive they will not help the city meet its current unmet housing needs. If this project objective (Pg II.14) is left in the final EIR, it should include a note explaining that the project, as proposed, is unlikely to meet this objective for the following reasons:


Condominiums selling for $2.5 million and more fall into the one segment of the city’s housing market that is currently overbuilt and has historically been over represented in relation to the state’s Regional Housing Needs Allocation (RHNA) goals that underpin the updated 2009 Housing Element of the city’s General Plan. An ABAG report on housing needs vs. housing production in SF (1999-2006) that came out in 2007—a report that should have informed the 2007 NOP/Initial Study for 8 Washington—states RHNA Allocations (Goal), Permits Issued (Permitted) and % of Allocation Permitted (% of RHNA Goal) by income category as follows:



Table 2: SF Housing Production (1999-2006)*


Housing Type  Very Low    Low              Moderate       Market Rate 
by Income    Income Income  Income           Housing
____________________________________________________________________________________________________________
  % of AMI:    21-50%  51-80%  81-120%         120-500+%
  Annual income: [21-50K] [57-81K] [85-123K]   [123K-$1million+]
———————————————————————————————————-
·RHNA Goal (units)   5,244       2,126   5,639                7,363


·Permitted    4,203       1,101      661                        11,474


·% of RHNA Goal     80%      52%       12%             156%


        * from a 2007 ABAG report entitled: A Place to Call Home



A chart like this, showing housing goals by income group (based on RHNA numbers from the State Office of Housing and Community Development), must be included in the DEIR so public officials can analyze what portion of the city’s unmet affordable and middle income housing needs, if any, the proposed project would meet. It illustrates something local housing experts have long known, that the city consistently comes in well above its RHNA goals for market rate condos, and has historically fallen short of its goals in all other categories for affordable housing, the housing that serves the 61% of San Franciscans that cannot afford ‘market rate’ housing.
C. Dramatic changes to the San Francisco housing market since the 2007 NOP/ Initial Study were not acknowledged and analyzed in the DEIR. All the traditional (pre-2007) sources of funding for the city’s affordable housing programs have dried up since the 2008 housing crash. Redevelopment tax increment funds will either be significantly reduced to pay the state to avoid closure of the SF Redevelopment Agency, or they will be eliminated altogether. Proceeds from the state’s $2.8 billion Affordable Housing Bond (Prop. 1C) are all spent. The federal Low Income Housing Tax Credit, a major source of funding for affordable housing, is under attack by House and Senate Republicans and may not survive.


This indicates that San Francisco won’t come close to meeting its pre-2007 affordable housing production levels  until we find a new permanent local source of funding for affordable housing. How long will that take? The DEIR must address this issue.


Another chart that must be included in the DEIR shows the city’s RHNA goals by income category combined with a summary of a recent SF Business Times (6/24/2011) chart showing all San Francisco residential projects under construction, permitted or  in the planning pipeline . Such a chart would look something like Table 3 below:


Table 3: Where does the city need help in meeting its RHNA goals?


          Extremely Low       Very Low            Low             Moderate          Market Rate   
                 Income          Income           Income            Income               Housing
         Below 30% AMI          31-50%            51-80%           81-120%              120-500+% 
      [21K-30K]         [35K-50]        [57K-81K]      [85K-120K]        [120K-$1M+]
____________________________________________________________________________________________________________


RHNA      439/yr.                   439/yr.           738/yr.            901/yr.                    1,632/yr.
Goals:      10.5%        +          10.5%      +      18%        +     22%  =  61%           39%
# of units                    of total        of total
% of goal
                             All Affordable Categories Combined            Market Rate_


Underway:          470 units                 1,557 units


Approved:                  8,751 units             30,878 units


In Pipeline:                   780 units                     4,184 units 
________________________________________________________________________
                          10,000 units             36,619 units 
            or                     or
          21.5% of all units                 78.5% of all units


                        56% of RHNA goals                                300% of RHNA goal
                in all affordable categories                        in market rate category
Some version of Table 3 must be included in the revised DEIR to help public officials determine whether the significant negative environmental impacts this project creates are outweighed by the ‘need’ for the type of housing that 8 Washington provides given the priorities set forth in the Housing Element of the General Plan and what the above-mentioned SF Business Times chart tells us about likely housing production for each segment of the city’s housing needs (from 2011-2014). 


Table 3 demonstrates that in a few years, if nothing changes, the city will have approved and built out 300% of its RHNA goal for Market Rate projects (such as 8 Washington) but only 56% of its RHNA goals for all other housing that serves San Franciscans making 30% AMI to 120% AMI. But given what we now know about the current lack of funding for affordable housing, the exact opposite of what was true in 2007 (when the city had significant amounts of Redevelopment tax increment and other affordable housing funds), many of the affordable housing projects listed by the Business Times are now on hold and unlikely to come on line by 2014. This means the mismatch between market rate (39% of need but 300% of production) and all categories of affordable will be even greater than Table 3 indicates.


To be fair, one could argue that some of the market rate housing on the Business Times chart may not be built soon either given that banks have been reluctant to lend money lately. However, a recent article in the SF Chronicle (8/11/11) entitled “Rents Go Through Roof” indicates that the city’s housing market is roaring back; Dennis Robal, property manager with Chandler Properties, reports “Noe Valley apartments that were $2,000 a month a year ago are now going for $2,400”. These kinds of increases, driven by new renters from the tech sector, are prompting major increases in investments by financial institutions in new rental housing.


Regarding the condo market, the one group of potential condominium buyers that
have not suffered financially from the economic meltdown are the very people who
caused it, the Wall Street investors, derivatives specialists, hedge fund managers,
etc. who are now making record salaries and bonuses. These are some of the people
8 Washington will be marketing to because they have the cash to spend $2.5-$10
million on a second, third or fourth home in San Francisco.


NONE of this housing analysis appears in the DEIR yet including it in the DEIR is
critical to the ability of public officials to make informed, rational decisions on this
project, particularly claims by the developer that this project will “help meet
projected City housing needs”. The information and analysis described above is
necessary to allow city officials and all readers to determine accurately and
objectively what portion of San Francisco’s unmet affordable and middle income
housing needs, if any, 8 Washington would meet.


Each year, as the City assesses how well it is meeting its RHNA (state) housing goals, the one area that has consistently over produced is high-end market rate housing affordable to people making $250,000 to $1 million+ a year.
How does building second, third and fourth homes for this demographic “help the city meet its housing needs?”


The unmet housing needs in San Francisco are for people making from 30%-50% of median income all the way up to 100-120%, not people making $250,000 to $1,000,000+ a year (200-500% or more of area median income). The DEIR needs to discuss the following questions to be considered complete, adequate and accurate, questions such as:


How does this project relate to the objectives, policies and goals of San Francisco’s recently enacted 2009 Housing Element of the General Plan?


What portion of San Francisco’s affordable and middle-income housing needs will this proposed project actually meet?


How many other projects under construction, approved or in the pipeline (see June 24,
2011 SF Business Times chart) will meet the needs of San Franciscans who can afford market rate housing vs. those that meet the needs of  the 61% of SF residents needing below market housing?


What percentage of “residents” of these condos will be using this housing as their primary residence vs. as second, third and fourth vacation homes?


Given that numerous studies show transit use goes down as income goes up,
how likely is it that these new owners will use public transit?


Again, the answer to each of these questions provides critical information that public
officials need to assess for themselves whether the proposed condos will or will
not “help meet the projected City housing needs.” 


Everything that’s happened since the 2008 economic/housing meltdown has made our housing problems worse, something the DEIR doesn’t attempt to analyze, arguing instead that a 2007 NOP/Initial Study—competed a year before the housing bubble burst—absolves it of all such responsibility, an argument that is factually absurd.


D. The DEIR fails to acknowledge, measure or analyze the unique environmental impacts generated by owners who can pay $2.5 to $10 million for luxury condos.


Building housing for this demographic has measurable impacts on transit and energy use that were not included in the DEIR. We know from national studies that low-and middle- income residents are far greater consumers of public transit than people with higher incomes. Imagine how much different public transit use will be when this inverse relationship includes people who can afford $2.5-10 million condos that come with             1-for-1 parking (costing almost $100,000 a space to build).


But a far greater environmental impact than driving private cars was not addressed in this DEIR, an impact resulting from lifestyle differences one can anticipate with some members of this highest of high-end demographics: owning and/or using private jets.


It’s reasonable to assume that five of the 165 condo buyers at 8 Washington (just 3% of   all buyers) are Wall Street hedge fund managers, derivatives traders or venture capitalists using these condos as second, third or fourth homes. It’s also reasonable to assume that these five buyers will use their condos 1.5 times a month on average and commute to and from SF aboard private business jets, a perfectly rational assumption for Wall Street executives making tens of millions in salary and bonuses each year. Why would they fly private jets rather than take Southwest…because they can. The fact that a handful of  people that are this wealthy will buy units at 8 Washington must be factored into any environmental analysis of a project that will explicitly market to this high-end demographic. That analysis must include, among others, the following:


 
                           Table 4: The Jet Fuel Burn Rate for Luxury Condominiums
___________________________________________________________________________
Mid to large size business jets used to fly cross country (e.g. Hawker 800XP, Gulfstream G2/G3, Bombardier Global Express) average 400 gallons of jet fuel per hour and take six hours to fly New York to SF and five hours to fly back for an 11 hour round trip  :


     · 11 hours X 400 gallons per hour = 4,400 gallons of jet fuel per trip
          a typical family car burns 1,200 gallons of gas per year so one flight from
          NYC to SF equals almost four years of driving a typical family car.
               ————————————————————————————————————————————————————————————————————-
       
        ·  1.5 trips/mo. = 6,600 gallons/mo. X 12 mo. = 79,200 gallons of jet fuel/year


        ————————————————————————————————————————————————————————————————————-
Using our example of 5 residents, the numbers over one year and 20 years are:


        ·  5 X 79,200 gallons/per year = 396,000 GALLONS OF JET FUEL A YEAR or
         equivalent to driving a family car 330 years, A THIRD OF A MILENNIUM, per year.


        ·  396,000 gallons/year X 20 years = 7,920,000 GALLONS of jet fuel in 20 years
         equivalent to driving family car 6,600 years, OVER 6 MILLENIUM, in 20 years.



Given these condos cost $2+ million to build and will sell for $2.5 to $8 million or more,    it seems quite reasonable to assume a mere 3% of these buyers—just five (5) buyers out of 165 —will be part-time residents wealthy enough to commute to San Francisco by business jet. If this is a reasonable assumption , then the DEIR must include the mathematical calculations above to show the true energy costs of this project. In fact, it would also be reasonable to assume a few other buyers will use private business jets to commute from LA, San Diego, Denver, etc. The only way to prevent this, forbidding buyers to own or use corporate jets, is of course impossible.
This is just one example of how housing prices—and who lives in that housing—greatly changes environmental impacts and why this analysis must be included in the DEIR for    8 Washington. As condo prices reach $2.5-10 million, it’s reasonable to assume a number of buyers will use them as a second, third or fourth homes and that some of those buyers will travel here by jet, not car or public transit. On the other hand, if units at 8 Washington were affordable or market rate rental or affordable-by-design condos (80%-150% AMI), it’s very unlikely any of its residents would own or use business jets. Price does matter with regard to energy consumption and transit use.


Given these facts, the 8 Washington DEIR must analyze such questions as:


How many solar panels do you need to make up for 396,000 gallons of jet fuel per year?


How many low flow toilets make up for 396,000 gallons of jet fuel per year?


How many double pane windows make up for 396,000 gallons of jet fuel per year?


How many on-demand hot water heaters make up for 396,000 gallons of jet fuel per year?


Looking at the longer term impacts of this excessive consumption of energy resources:


How many solar panels compensate for 7,920,000  gallons of jet fuel over 20 years?


How many low flow toilets make up for 7,920,000 gallons of jet fuel over 20 years?


How many double pane windows make up for 7,920,000 gallons of jet fuel over 20 years?


How many on demand water heaters make up for 7,920,000 gallons of jet fuel over 20 years?


Having this information in the DEIR is necessary for the Planning Commissioners or Board of Supervisors to make informed decisions about 8 Washington, especially when the project sponsor keeps touting it as state-of-the-art, sustainable, LEED certified (at Gold or Platinum level), etc. When added to the project sponsor’s insistence on building a 420-car underground (below sea level) garage, one has to question how one can call this a model of sustainable development or let the DEIR include sustainability as a project objective.


Unless the DEIR seriously and objectively addresses questions of how the price of housing and who lives in that housing impacts environmental sustainability, we risk creating a backlash against things like LEED certification and terms like “sustainability”. They could easily become just another example of slick marketing and “greenwashing”. Everyone agrees that building 10,000 s.f. McMansions in the Sierra Foothills on 2-acre lots—even if they’re LEED certified at the highest level—is NOT sustainable development. Why is it any less absurd to use “green” and “sustainable” to describe $2.5-$10 million condos built as second and third homes for extremely wealthy part-time residents, some of whom commute from their primary residence by private jet?


The DEIR must provide public officials with the data and information they need to analyze all the significant impacts that units this expensive have on the environment. With this information, decision makers might choose to require a much smaller garage or no garage at all (insisting on more efficient use of nearby existing garages). They might also choose to support a much smaller project or no project at all, based on the lack of demonstrable need for this housing type and all the other negative impacts described above. But they cannot make any of these decisions in a rational and objective manner without all the facts, many of which are missing from this DEIR.


E. The DEIR confuses project “objectives” with city mandated requirements with regard to Inclusionary Housing, then fails to discuss any of the relevant issues around this city policy.


The project objective (Pg II.14) that talks about the project’s ability “to help meet
projected City housing needs” reads in full:


 “To develop a high-quality, sustainable and economically feasible
   high-density, primarily residential, project within the existing
   density designation for the site, in order to help meet projected
   City housing needs and satisfy the City’s inclusionary affordable
         housing requirement;” 


Satisfying the city’s inclusionary affordable housing requirement, for this or any market  rate housing development, IS NOT an Objective, and stating it as such is misleading. It is,  in fact, legally mandated by city ordinance. The developer doesn’t have a choice in the matter and it should be stricken from this Objective. However, this reference to inclusionary housing leads one to ask several questions that are never addressed in the DEIR but should be. An Inclusionary Housing section must be added that answers questions such as:


What are the specific requirements for including permanent below market rate (BMR) units in all market rate projects and how many would be required on-site for this one?


Did the developer ever consider building on-site BMR units and if not, why not?


If the developer did consider and reject on-site BMR units, why?


If the developer has decided to pay the in-lieu affordable housing fee, what would it be and how and where (e.g. within a 1-mile radius of the project) would it be spent?


Given that the in-lieu fee charged developers to buy out of providing BMR units on-site is based on construction costs and sales prices for “average” condos, how will the extraordinarily high construction costs and sales prices for these condos impact the in-lieu fee? If it doesn’t impact the fee, would an appropriate mitigation measure be amending the Inclusionary Housing policy so that it does?


Mentioning the inclusionary requirement as part of an objective stating that the project seeks to “help meet projected City housing needs” is misleading and inaccurate. It tries to infer that the funding for 30 affordable units provided by the developer’s inclusionary requirement is helping to meet this objective when, in fact, relying on inclusionary payments to advance the city’s affordable housing goals will only drive the city further   out of compliance with its state mandated RHNA goals. The following example clearly demonstrates the validity of this claim:


TNDC’s proposed affordable family apartment project at Eddy and Taylor Streets is typical of the projects now stalled in the city’s affordable housing pipeline due to the lack of affordable housing funding from traditional sources. But the Eddy and Taylor project is a 150 unit development, not 30 units. For it to go forward, you would need the inclusionary housing funds from FIVE market rate projects like 8 Washington. What would that do to San Francisco’s RHNA goals:


         If:  165 market rate units are needed to fund 30 affordable units,
  Then:   825 market units (5X) are needed to fund 150 affordable units (975 total units).
      
         If:  out of a every 975 new housing units, 825 are market rate & 150 are affordable,
   Then:  for each new 975 units built in SF: 85% are market rate, 15% affordable.


But the 2009 Housing Element of San Francisco’s General Plan (based on the state RHNA goals) calls for 39% OF NEW HOUSING TO BE MARKET RATE (NOT 85%). Relying on Inclusionary Housing off-site payments to fund affordable housing clearly runs counter to the housing production goals set forth in the 2009 Housing Element in the General Plan as well as the RHNA goals for San Francisco established by the state of California. Furthermore, as SB375 Sustainable Development funding criteria begins influencing state funding decisions, by driving our RHNA numbers toward 85% market rate, projects like 8 Washington could jeopardize San Francisco’s ability to apply for and receive state and federal infrastructure and transit funding.


The only way to bring San Francisco’s housing production numbers back into line with the goals in the Housing Element (and RHNA numbers) is to create a new local permanent and dedicated source of funding for affordable housing. These relevant facts regarding the impacts of inclusionary housing must be included in the DEIR.



III. THE DEIR IGNORES THE GENTRIFICATION/DISPLACEMENT IMPACTS OF THIS PROJECT THAT WILL RESULT IN THE LOSS OF HUNDREDS OF RENT CONTROLLED UNITS IN THE GOLDEN GATEWAY BY ENCOURAGING THE FURTHER HOTELIZATION OF ITS 1,200 RENTAL APARTMENTS


The other ‘partner’ in this project is Timothy Foo, who bought Golden Gateway from Perini Corp. about 20 years ago. Only 20% of the 8 Washington site is on Port land, while 80% of the site is on land owned by Mr. Foo and currently occupied by Golden Gateway’s community recreation center. However, Mr. Foo’s only mention in the DEIR is in a footnote to the first sentence of the Introduction which states: “On January 3, 2007, an environmental evaluation application (EE application) was filed by San Francisco Waterfront Partners II (the “project sponsor”) on behalf of the Golden Gateway Center*”. That footnote says “*Golden Gateway Center, Authorization Letter from Timothy Foo, December 27, 2006”).


In addition to violating the original Golden Gateway development agreement that required Perini (and future owners) to preserve the recreation center in exchange for deep discounts in land prices charged by Redevelopment, for some time now Mr. Foo has also been converting rent controlled apartments in the Golden Gateway to short term rental use (e.g. on one floor of a high-rise tower, a third of the units are rented this way). These conversions have been documented by the Golden Gateway Tenants Association, the Affordable Housing Alliance and the San Francisco Tenants Union. While such conversions are not unique to the Golden Gateway Center (see attached Bay Citizen article), they are illegal and violate city zoning, rent control and apartment conversion ordinances.


The DEIR must address this issue by posing the following questions to Mr. Foo and incorporating his answers into the DEIR. He must provide this information because as the owner of 80% of the underlying land that comprises the 8 Washington site, he has had and continues to have a direct financial stake in this project. He must be asked the following questions:


How many of Golden Gateway’s 1,200 rental apartments are currently being used as hotel rooms and/or short-term rentals and/or rented to persons other than those using them as primary residences or directly related to the person residing there (e.g. corporations, business organizations, apartment brokers).


Has Mr. Foo consulted with either the Rent Board or the Planning Department as to the legality of his use of apartments in Golden Gateway as hotel rooms or short-term rentals under applicable city zoning codes, the San Francisco Rent Control ordinance or the city’s Apartment Conversion Ordinance?


Upon receiving and analyzing this information from Mr. Foo, the DEIR must then answer the following questions:


Is the ‘hotelization’ of Golden Gateway and other large apartment complexes likely to increase with the approval of 8 Washington, a development that:


a) builds 165 high-end luxury condos ($2.5 – $10 million each)
 on Mr. Foo’s property—creating a much more upscale
environment adjacent to his Golden Gateway apartments;


b) provides Mr. Foo with $10-15 million (what he’s likely to
be paid for his 80% of the site) that can be used to upgrade
his rent controlled apartments at Golden Gateway in order                             to attract even more higher paying hotel users; and


c) if no mention of these conversions is made in the DEIR, after                     these written comments have been submitted, will send a clear
message to Mr. Foo and others that the City has no intention of
enforcing its own zoning, rent control and apartment conversion
ordinances, thereby encouraging even more conversions.


If conversions like those at Golden Gateway are not stopped soon, the city is at risk of losing thousands of residential apartments in its downtown neighborhoods.


What kind of mitigations would prevent the further hotelization of the Golden Gateway’s 1,200 rent controlled apartments?


With larger apartment complexes such as Golden Gateway, Parkmerced and Fox Plaza, owners get around the current prohibition on renting residential apartments for less than 30 days as hotel rooms (an action that is legally prohibited by the San Francisco Apartment Conversion Ordinance) by leasing them for more than 30 days to third parties (e.g. corporations, apartment brokers). These intermediaries then rent the apartments for anywhere from a day or two to a few weeks to a month or two.


A simple amendment to the Apartment Conversion Ordinance that changes “you cannot rent an apartment for less than 30 days” to “you cannot rent or occupy an apartment for less than 30 days” would prevent Golden Gateway and others from renting apartments for anywhere from a few days to up to four weeks. Preventing 30-60 day rentals would be a more complicated matter.


The DEIR must address how constructing 8 Washington could encourage, help fund and accelerate Mr. Foo’s conversion of the 1,200 units at Golden Gateway from rent controlled apartments to hotel use as well as the impacts this would have on the city’s housing goals as set forth in the San Francisco’s 2009 Housing Element and its RHNA goals. For instance, if we’re converting housing to non-housing (hotel) uses as fast or faster than we are creating new housing units, we will never dig ourselves out of our current housing crisis and that outcome would have catastrophic impacts on the environmental and economic sustainability of San Francisco as a city.


The DEIR must also describe, in detail, the kind of mitigations (see above) that, if enacted, could mitigate the potential impact of losing more that 165 rent controlled apartments at the Golden Gateway, erasing the gain, on paper, of 165 luxury condos.



IV. FREQUENT USE OF THE WORD “PRIVATE” AS A MODIFIER OF THE GOLDEN GATEWAY RECREATION FACILITIES THROUGHOUT THE DEIR  IS BOTH MISLEADING AND INNACCURATE IN LIGHT OF THE RECENT PRIVITIZATION AND FEE STRUCTURES IMPOSED ON THE CITY’S “PUBLIC’ RECREATION FACILITIES AND SWIMMING POOLS.


The current fee structure for public recreation facilities in San Francisco results in situations where the cost of attending ‘public’ pools can often exceed fees charged by    the “private” Golden Gate Tennis & Swim Center (GGTSC).


The use of the term “private” in this context throughout the DEIR appears to be an attempt to justify the loss of GGTSC facilities for the 3-4 years that it would be shut down if the “preferred project” were approved (see section I.A for actual construction schedule) as well as the permanent loss of five of nine tennis courts, the basketball court and the current, family-friendly ground level swimming pools, Jacuzzi and open space.


In the past, the city’s public recreation facilities, including its swimming pools, were  “public” in every sense of the word—open long-hours, open 6-7 days a week and “free” to residents. In recent years, however, the San Francisco Recreation & Parks Department has increased resident user fees, reduced hours and increased the privatization of its facilities in response to ongoing budget deficits. Today, both the ‘private’ Golden Gateway facility and ‘public’ pools are open to anyone, anyone who is willing to pay   the fees that they charge. Neither is free.


A. The DEIR fails to discuss the privatization of the City’s  recreation centers: According to a 7/9/11 SF Chronicle article, the city is now leasing 23 of its 47 recreation centers to outside interests (e.g. nursery schools, private classes) with the city staffing only a dozen (12) of the 47 former “public” recreation centers. Seven (7) of the remaining recreation centers are under renovation and five (5) are vacant, unavailable for any kind of use “because no one has leased them and there is no money for city workers to run them”. Out of a total of 47 city recreation centers, only 12 are staffed by city workers who run programs for residents, many of them for a fee, during reduced days and hours.


The City also runs nine “public” swimming pools in neighborhoods such as North Beach, the Mission, Bayview, Visitacion Valley, etc. These pools used to be open five or six days a week and were free for residents. Today, residents pay $5 for each swim and $7 for adult swim lessons/water exercise. Children under 17 pay $1 per swim and $2 for swim lessons/water exercise ($3 for a swim & a class together).


Active Recreation Facilities: Public vs. Private… is there a difference anymore?


Each time a family of two adults goes to a city pool it costs $10 per visit to swim and up to $14 per visit if they participate in swim lessons or water exercise. If that family went three times a week, it would cost them $120-$168 per month depending upon how many times they took a swim vs. participated in swim lessons/water exercise. That comes to at least $1,440 dollars per year. Additional swim lessons/water exercise classes drive costs of using a “public” pool even higher.


Now imagine a family of two adults living at the Golden Gateway who currently       swim every day at the Golden Gate Tennis and Swim Center. At the city’s North Beach (public) pool, it would cost them $200 a month ($10/swim X 20 days) to swim Tuesday through Saturday (the pool is closed Sunday/Monday) and their schedules would have to match specific windows each day when the pool is available for adult lap swimming. Compare that to the two pools at the Golden Gateway Tennis and Swim Center—one just for swimming laps; one for kids, families and seniors that are open seven days a week for longer hours.


B. Comparative Costs. Because our hypothetical couple live at the Golden Gateway Apartments they automatically receive a discounted membership of about $170  per month ($85 each) to use the two pools, full gym across the street and have the ability to reserve tennis courts at $20 per use. Since the Golden Gateway was built (1960’s), residents have always received discounted membership at this facility, one of two community benefits Redevelopment required, along with Sidney Walton Square, in exchange for entitlements to build both the Golden Gateway (1,150 rental units) and the adjacent Gateway Commons (condominiums). Redevelopment felt both amenities were needed to meet the open space and active recreation needs of what was to become one of the densest residential communities in San Francisco and discounted the land for the GGTSC and Gateway Commons in exchange for the owner maintaining an active recreation facility at the GGTSC in perpetuity.


Even for those who don’t get the Golden Gateway resident discount, memberships to the Tennis and Swim Center that don’t include automatic access to the tennis courts cost about $220 a month to swim 30 days a month, the same price two adults would pay to swim only 20 days a month at the North Beach pool, a facility with no gym and only   one pool and therefore greater restrictions on when they could swim laps. It should also be noted that over 300 “guests” are admitted free to the Golden Gateway recreation facility each month, a total of 3,000 to 4,000 guests each year. We are not familiar with   a similar policy for free guests at the North Beach pool (or any other city pools).


Clearly, the recent privatization and escalating fee structures at the city’s “public” recreation centers/swimming pools have erased any real distinctions between public facilities and private facilities as viewed by local families and residents. But one of          8 Washington’s main justifications for closing the Golden Gateway Tennis and Swim Center for 3-4 years during construction—and downsizing the replacement facility—
is that it is a “private” club maintained for the selfish interests of the few.


Putting aside the fact that 8 Washington’s condos will cost $2 million each to build  and will sell for $2.5 to $5 million each and up (for upper floors), making them unaffordable to 97% of all San Franciscans (talk about catering to “the few”), the issue of who uses the current recreation facilities on this site is an important one that the DEIR must address. The similarities outlined above between today’s Golden Gateway recreation facilities and the City’s current “public” recreation centers/swimming pools contradicts the impression created by the DEIR in its current form with so many derogatory references to GGTSC as a ‘private’ club.


It is imperative that public officials have the information outlined above regarding the current costs of “public” recreation in front of them so they can decide for themselves what distinctions, if any, exist in today’s world between this ‘private’ club and so called “public” alternatives. This information is precisely what an EIR is suppose to provide to officials charged with making these kinds of decisions.


For these reasons, we must insist that you provide—in the Comments and Responses document—a clear, complete explanation of this issue, with a chart (see attached for potential template) that compares the facilities, hours, programs and costs to San Francisco residents of the city’s nine (9) “public” swimming pools with the current Golden Gateway recreation facility fee structure. Without such an analysis critical information will be lacking, information that Planning Commissioners, Park and Recreation Commissioners, Port Commissioners and the Board of Supervisors will clearly need as they assess the validity of the developer’s claims about who is served by the current facilities (and what environmental impacts they have) versus those who’ll be served by the proposed project (and its environmental impacts).


Without this information, it will be difficult for these public bodies to make informed decisions as to whether to grant or not grant the conditional use authorizations, upzonings and dozens of separate approvals and permits needed for this complicated and controversial project to proceed.


V. THE DEIR FAILS TO ADDRESS OR ANALYZE ANY OF THE MAJOR ECONOMIC ISSUES RELATED TO THIS PROJECT, ISSUES THAT HAVE SIGNIFICANT ENVIRONMENTAL AND FINANCIAL IMPACTS ON THE NEIGHBORHOOD AND THE CITY.


Several of the project sponsor’s and the Port’s objectives for this project speak to the “economic” benefits of the project for the developers, the Port and the City. The DEIR and other Port documents talk about the need to develop SWL 351 in order to generate revenue for badly needed Port infrastructure work. But the Port’s financial term sheet for this project is unrealistic, misleading and relies on depriving the city of $32 million in general fund dollars as part of a proposed Infrastructure Financing District.


This section addresses the DEIR’s lack of analysis or scrutiny regarding the ‘alleged’ financial benefits of the project as described in the Port’s Term Sheet for Seawall Lot 351 with San Francisco Waterfront Partners (“Term Sheet”) and how that Term Sheet, if executed, would have very real environmental impacts with regard to transit, open space, recreation, housing and population.  An examination of the Term Sheet demonstrates that the stream of income on which the term sheet’s finances rely cannot be achieved.  An objective analysis of “payments” described in this Term Sheet leads one to a much more pessimistic set of income projections than those presented in the September 23, 2010 Director’s Recommendation to the Port Commission. That report describes three payment sources as follows:


(1)  a land lease with annual payments of $120,000 per year;
(2)  future payments triggered by resale of condos created by the Project;
(3)  a to-be-established Infrastructure Financing District (IFD) that allows
              a portion of growth in property taxes to be reinvested in public facilities;  
 
That third source of funding is particularly troubling since it requires a sizeable appropriation of City General Fund revenues ($32 million) by the Port for its own purposes. We will now examine each of these proposed “payment” schemes to determine how realistic they are as well as the potential environmental and economic consequences they create for San Francisco’s residents and taxpayers:
1.  Lease Payments. It is easy to refute the likelihood of the $120,000/year lease payment for parcels to be used as open space with related facilities.  The second paragraph of Director’s Recommendation (page 5) states: “If engineering and cost analyses deem additional funding is needed to finance agreed upon public improve- ments, the Port agrees to designate some or all of the $120,000 per year park rent to augment financing of these public improvements.”  If the developer produces “engineering and cost analyses” showing “additional funding is needed to finance agreed upon public improvements,” the Port will “designate some or all of the $120,000/year in park rent to finance public improvements,” improvements that the developer is responsible for.  Suddenly this $120,000 of alleged “rent” could become no rent. Is that likely to happen? You be the judge:



A Little Recent History


The developer of 8 Washington is San Francisco Waterfront Partners, a partnership between Pacific Waterfront Partners and CALSTRS, the same partnership that  developed Piers 1½, 3 and 5 across the street. According to the Port’s rent rolls, San Francisco Waterfront Partners makes rent payments for Piers 1½, 3  and 5 of  $41,666.67 per month or $500,000 annually. But 90% of this is wiped out by a rent credit of a $450,000 annual rent credit ($37,500.00 per month). This means that the actual rent for Piers 1½, 3 and 5 paid by San Francisco Waterfront Partners isn’t $500,000/year, but $50,000/year or 1/10 of the original rent. Knowing this, it seems highly likely that the Port will grant a similar rent credit to 8 Washington, a credit that it has already offered in the Term Sheet approved last year.



The DEIR needs to discuss this and ask the following questions to help establish for public officials whether or not 8 Washington has the possibility of generating resources to fix up the Port’s historic infrastructure.


Was the $450,000 rent rebate given Piers 1½, 3 and 5 given for “public improvements” in the same way the 8 Washington Term Sheet proposes to give      8 Washington an up-to-$120,000/year (100%) rebate for “public improvements?


How much of this $120,000/year lease payment to the Port is guaranteed?


Based on recent history with this developer (see above box), it would appear that claiming a $120,000 per year lease payment is, at best, a gross overestimate.


2.  Future payments triggered by resale of condos (aka increased transfer tax). The second source of payments (around $25 MILLION over life of the lease) involves the developer recording covenants “committing all owners to transfer payments to the Port of ½ percent of sale value for all sales of the residential condominiums and all re-sales of commercial condominiums” (from Director’s Report, Page 4), in other words, a ‘voluntary’ increase in the transfer tax.  


This idea of obligating future owners to a special transfer “fee” was already tried, unsuccessfully, several years ago by then Mayor Gavin Newsom’s office as a way to provide ‘stimulus’ for large condo developers with approved projects who were trying to get financing. In exchange for agreeing to binding future condo owners to ‘voluntarily’ pay a 1% increase in the real estate transfer tax (but not calling it a “tax”), the Mayor’s Office proposed relieving the developers of 1/3 of their affordable housing requirement. That idea failed to get off the ground for both legal and political reasons. Regarding this proposal:


How does the Port plan to argue this increase in the real estate transfer TAX is not really a tax and do so in a way that convinces the Pacific Legal Foundation, Howard Jarvis Taxpayers Association and SF Board of Realtors not to sue?
Mayor Newsom’s failed proposal did trigger an multi-stakeholder discussion of a broader, legally defensible strategy, going to the voters for a permanent, across the board increase in the transfer tax on ALL real estate transactions (above the median home price) generating tens of millions of dollars a year for affordable housing. A portion of this new money would fund traditional affordable housing built by non- profit housing development corporations, but a portion would also be available to for-profit housing developers to buy down their affordable housing obligations. All sides agreed to this compromise and to place it on the November 2010 ballot, because it HAD to go to the voters, just as the ½% transfer tax increase proposed     in this Term Sheet would need voter approval.


NOTE: The reason that this proposal was not on the ballot that November, as reported in the New York Times, was because Mayor Newsom refused to support it or ANY tax increase, no matter how much support it had, for fear of giving his Republican opponent in the Lt. Governor’s race an issue to use against him in the 2010 election.


If the best legal and political minds in the city couldn’t figure out a way to “voluntarily” increase the real estate transfer tax without going to the voters then, how does the Port propose to do the same thing for 8 Washington now?


3.  New IFD Funding Mechanism. The third weak link in this financing plan is the as yet “to-be-established Infrastructure Financing District (IFD) that will allow a portion of growth in property taxes to be reinvested in public facilities.”  Port Director’s Recommendation, page 2.   While the concept is an interesting one, it is in its infancy in San Francisco. The Board of Supervisors is in the process of setting up a pilot IFD with seven or eight property owners on Rincon Hill to test this model.


To date, citywide discussions about the use of tax increment financing tools, such as the IFD, have linked their use to funding a larger set of neighborhood infrastructure needs and public benefits previously identified through adopted Area Plans such as Eastern Neighborhoods, Market Octavia and Rincon Hill and not for the specific needs of individual projects or developers (e.g. 8 Washington).


Looking ahead, it isn’t hard to imagine the kind of criteria the Board of Supervisors might adopt to determine what developments could avail themselves of IFDs. Those with significant legal, political and financial challenges, such as 8 Washington, would not score well.  Nor would projects that dramatically reduce and eliminate active recreation facilities serving middle-income families and seniors for over 45 years.  Finally, projects that undo decades old community benefits agreements, provided as part of a Redevelopment plan (e.g. Golden Gateway’s permanent active recreation center), probably wouldn’t pass muster .


Assuming the city eventually creates IFDs in certain circumstances, how does the Port make the case for THIS project, given the growing political and legal opposition to it, the long standing community resource that it destroys and the fact that the Board of Supervisors won’t give up $32 million for it (see below).


 4. Diversion of property taxes from the General Fund to the Port. The majority of the 8 Washington/SWL 351 site is NOT Port property, but under the jurisdiction of the City and County of San Francisco. Exhibit A of the Term Sheet shows the boundary of the 0.64 acre under Port control (SWL 351) and the 2.51 acres portion currently privately owned by Golden Gateway on AB168, 171, 291 (80% of the site). SWL 351 (the Port land) is only 20% of the total development site.


While these blocks were under the jurisdiction of the Redevelopment Agency, the property tax increment was diverted from the City’s General Fund to that Agency.  Following termination of the Redevelopment project area several years ago, however, ALL property tax revenue from this land flows to the General Fund.  The Port now proposes to divert the property tax increment from the portion of this site NOT UNDER PORT JURISDICTION away from the General Fund and to the Port.


The Port Director’s Term Sheet Recommendation on page 6 proposes “a new Port IFD” covering both SWL 351 and the Golden Gate Tennis and Swim Club (WHICH IS NOW ENTIRELY UNDER THE CITY’S JURISDICTION AND TAXING AUTHORITY).  Under the “new Port IFD” all the property tax increment from development on non-Port property would be diverted FROM the General Fund TO the Port.  Toward the end of the Term Sheet recommendation the Port Director does state that the Board of Supervisors would have to agree to this arrangement, which prompts several questions that should have been asked and answered in the DEIR:


Who from the city, not the Port, agreed to including these IFD financial terms in the Term Sheet?


Which members of the Board of Supervisors were consulted regarding this planned appropriation of property tax revenue from the city’s general fund?


What would lead the Port to think ANY current or future Board of Supervisors would  ‘voluntarily’ turn over $32 million in General Fund dollars to the Port, providing a $32 MILLION CITY SUBSIDY FOR LUXURY CONDOS when the Board is struggling with massive budget deficits, layoffs and cuts to vital city programs?


The DEIR must address whether or not this project is financially viable because if it is not, then the public facilities and infrastructure the project has promised to provide cannot be built. The DEIR must also assess the likelihood of the Board of Supervisors turning over $32 million in General Fund monies as a subsidy to the Port for this and other Port projects and analyze what environmental impacts this loss of $32 million to the city would create over time: what parks wouldn’t be maintained, which parks and recreation centers closed, what transit lines discontinued or run less frequently, etc.; actions that would not have been necessary had the city kept that $32 million. Specifically, the DEIR must answer the following questions:


Can 8 Washington’s public facilities (e. g. Jackson Commons, other open space) ever  be built with IFD funding, given that:


a) the IFD is predicated on the Port capturing 100% of the tax increment generated by 8 Washington even though the Port only owns 20% of the site, and


b) according to recent testimony before the Planning Commission by Michael Yarne (OEWD), under state law IFD’s are prohibited on land that “is currently,  or was previously part of a redevelopment area”?
 
Under what circumstances does the Port anticipate that the current (or a future) 
Board of Supervisors would voluntarily give up its 80% of this tax increment
($32 million out of $40 projected by the Port) to fund public improvements for   
LUXURY CONDOS at 8 Washington or other Port projects?


Has the Port had any discussions with the Board of Supervisors regarding this?


If so, what was the Board’s reaction?
    
Has the Port or project sponsor had state legislation passed (or introduced) that
provides the necessary waivers from the current state prohibition against
setting up IFD’s in former redevelopment areas?


Again, this is information that public officials must have to make informed, objective
decisions about the impacts of this project.


 


 


 


VI. THE DEIR FAILS TO DISCLOSE THAT 8 WASHINGTON IS THE FOURTH ATTEMPT TO CONVERT THE GOLDEN GATEWAY TENNIS & SWIM CLUB FROM CITY MANDATED ACTIVE RECREATION USE TO CONDOMINIUMS. IT PRESENTS VERY BRIEF AND MISLEADING INFORMATION REGARDING THE HISTORIC RECORD SUPPORTING THE REQUIREMENT TO PRESERVE THE CURRENT ACTIVE RECREATION FACILITIES ON SITE IN PERPETUITY.


The DEIR addresses this issue very briefly in a footnote on page II.3 that states:


2 The original development agreement governing the Golden Gateway Center Lots required the developer to provide non-profit community facilities as part of the overall development with the Golden Gateway Center. In Section 4 (a) of the Agreement for Disposition of Land for Private Development (“Agreement”) between Perini-San Francisco Associates (the “Developer’) and the Redevelopment Agency, dated August 27, 1962, the Developer agreed to maintain “community facilities of  a permanent nature… designed primarily for use on a nonprofit basis” (page 25 of the Agreement). Subsequent to the Agreement, the Agency and Golden Gateway Center (the successor to the Developer) entered into a Second Supplement and Amendment to the Agreement (“Second Supplement”) on March 14, 1976. Section 1(d) of the Second Supplement deleted Section 4(a) of the agreement (page 12 of Second Supplement) and thereby removed the requirement to maintain community facilities on the property in exchange for the dedication of Sydney Walton Park for perpetual use as a public park.


This interpretation of those documents contradicts evidence previously by individuals with intimate, first hand knowledge of those Golden Gateway redevelopment agreements. Those comments are attached as:


Exhibit A: A May 9, 1984 letter from then Mayor Dianne Feinstein that begins:“As a supervisor and as mayor, I have a long history with the redevelopment plan and agree with those who maintain that this site has always been considered set aside for recreation and open space.”


Exhibit B: An August 8, 1990 letter from Robert Rumsey to then redevelopment director Ed Helfeld that states:


  “I happened to be Deputy Director of Redevelopment in the late 1950’s and early  
    1960’s when the Golden Gateway redevelopment plan was adopted by the city and
    when Perini Corp. was subsequently selected as the developer of the Golden Gateway
    over eight other competitors… I feel it is important to place on the record the view of  
    the staff and commissioners of the agency at the time of selection: The provision of that
    open space and recreational space was a significant factor in the selection of the
    Perini proposal. And clearly, the space was presumed to be kept that way in
    perpetuity” (underlining Mr. Rumsey’s).


 


Exhibit C: A January 24, 2003 letter from Senator Dianne Feinstein reiterating that: 
  
   “I have a long history with the redevelopment area at Washington and Drumm Streets     
    and concur with those who believe this space was intended for recreation and open
    space. Please oppose further development of the Golden Gateway Tennis & Swim Club.”


These letters came in reaction to THREE previous unsuccessful attempts to develop the Golden Gateway Recreation Center as condominiums. Those attempts included:


1. Perini Corp. (early 80’s). The original developer of the Golden Gateway project proposed replacing the Golden Gate Tennis & Swim Club (GGT&SC) with a 9-story condominium project, in violation of its original approvals for the larger project that called for the GGTSC to serve as one of two major community benefits (along with Sidney Walton Sq.) in perpetuity. NOTE: This took place after the Second Supplement and Amendment to the Agreement referenced in Footnote 2 (above) was executed. Clearly, then Mayor Feinstein, had a very different interpretation of the Second Supplement than that of the author of Footnote 2 when she says in her letter that  “I agree with those who maintain that this site has always been considered set aside for recreation and open space.”


2. Perini Corp. (early 90’s). Again the owners of the Golden Gateway proposed replacing the project’s active recreation center with a condo project. This time, a letter from former Redevelopment Director Robert Rumsey date 8/8/90 provides extensive evidence that the interpretation of events contained in Footnote 2 is neither complete nor accurate. His detailed first hand description of that transaction which took place in the 1970’s is quite instructive. In addition to his comment that:


     “I feel it is important to place on the record the view of the staff and commissioners  
      of the agency at the time of selection: The provision of that open space and
      recreational space was a significant factor in the selection of the Perini proposal.
      And clearly, the space was presumed to be kept that way in perpetuity”


his letter states that “if it is now proposed that there is a loophole permitting that space to be invaded by condominiums, I would consider that to be most unfortunate for the city” and describes the land use negotiations that allowed Perini to substitute 155 low-rise condos for the four remaining high-rise rental towers that were suppose to be built as Phase III of the redevelopment plan. According to Rumsey, the agency finally, “albeit reluctantly” agreed to let Perini make this change “because some seven years had elapsed since completion of Phase II and there was otherwise no prospect for building on those long-barren blocks”.


Rumsey then states that the Agency’s October 28, 1975 minutes show the debate over what the Agency should charge Perini for the land that made up Phase III (now Gateway Commons condominiums) focused on “whether it should be $8.45 a square foot, the price established 15 years earlier, or a more realistic 1975 price of $15-$20 a square foot”. He then states:


      “My new successor, Arthur F. Evans, said he might agree with the higher number if
      the land was offered without restrictions, such as requirements of open space. And
      he added: Amenities such as Sidney Walton Square and the Golden Gateway tennis
      courts were on land that was not income producing, and since no one could build
      highrise buildings on this area, its value could be considered zero.”


As a result of this discussion, according to Rumsey, “Evans and the commission agreed to hold the land sales price to the original $8.45 a square foot, as the agency continued to view the open and recreation space to be in perpetuity.”


Based on Rumsey’s letter and substantial community opposition, this second attempt to replace the GGT&SC was defeated.


3. John Hamilton, developer (2003-04). In the mid-90’s Perini sold Golden Gateway to Timothy Foo and a group of investors. In 2003, developer John Hamilton proposed another condo tower on the site. Senator Feinstein’s January 24, 2003 letter was responding to that proposal. After reiterating her conclusion that “this space was intended for recreation and open space”,  she goes on to say, “increasing the height of the Club would drastically change the picturesque panorama of the Bay and would create shadow effects on the newly constructed Embarcadero. Further, development of more residential units would increase traffic noise and pollution, and disregard the original understanding between City officials and area residents that open space and recreational amenities should be preserved.”


4. Current 8 Washington Street/SWL 351 proposal is the 4th Attempt (2006-present) to develop condos on this site and demolish the Golden Gateway’s active recreation center, a facility that’s successfully fulfilled its intended purpose for almost 50 years.


In his written comments on 8 Washington’s DEIR dated August 11, 2010, Mr. Edward Helfeld, Director of the Redevelopment during the second attempt to demolish the Golden Gateway Tennis and Swim Club speaks to the original purpose of the facility, how it has successfully served San Francisco’s recreation needs for over four decades and how relatively inexpensive it is compared to other tennis facilities in the city. He also writes that “As Executive Director (1987-1994) I was in total support of retaining Golden Gateway Tennis and Swim Club”.


Any public official or member of the general public reading the current DEIR would have no knowledge of these three previous attempts to build on this site, their outcome and the role former city officials have played in confirming that the Golden Gateway active recreation center was meant to be preserved as an active recreation center in perpetuity. The Comments and Responses to the 8 Washington Street/SWL 351 DEIR must include this historic information in order to be considered accurate, complete and objective.


 


 



VII. ADDITIONAL COMMENTS ON THE 8 WASHINGTON DEIR


A.  The DEIR’s Introduction presents confusing and conflicting information regarding how, when and by whom environmental review for this project was initiated. The first two paragraphs of the DEIR’s Introduction (pg. Intro.1) raise some troubling questions about how environmental review for 8 Washington was carried out that need to be addressed more completely and forthrightly. The timeline for environmental review is described as follows (quoting from the DEIR):


1. “On January 3, 2007, an environmental evaluation application (EE application) was filed by San Francisco Waterfront Partners II (the “project sponsor”) on behalf of the Golden Gateway Center for a project at 8 Washington Street and the adjacent Seawall Lot 351, which is owned by the Port….(the Port is not a co-sponsor of the proposed project, but has authorized San Francisco Waterfront Partners II to submit an EE application that includes Seawall Lot 351).”


2. “On August 15, 2008, the Port issued a Request for Proposals (RFP) for the development of Seawall Lot 351. Two parties submitted timely proposals: SF Waterfront Partners II and a development group led by Dhaval Panchal (which later withdrew its proposal).”


3. “On November 10, 2008, the Port reissued the RFP for this project.”


4. “On February 24, 2009, the Port Commission authorized Port staff to enter into an exclusive negotiating agreement with SF Waterfront Partners II, finding that the proposal submitted by SF Waterfront Partners II meets the requirements of the RFP and meets the Port’s objectives for Seawall Lot 351.”


It appears from this timeline that the ‘project sponsor’, SF Waterfront Partners, was selected to carry out the 8 Washington project on January 3, 2007 when they were “authorized” (by the Port) to submit an Environmental Evaluation (EE) application officially beginning environmental review. However, there’s no explanation in the DEIR as to why, 18 months later (August 2008), the Port decided to issue an official RFP to select a developer for Seawall Lot 351.


This makes no sense given that Seawall Lot 351 was included in the January 3rd EE application submitted by SF Waterfront Partners (if not as designated developer, then in what capacity?). Then three months later (November 2008), we’re told the Port reissued the RFP with no explanation as to why. Finally, on Feb. 24, 2009, twenty five months after SF Waterfront Partners filed the EE application and began the environmental review process, the Port Commission authorizes staff to enter into an exclusive negotiating agreement with SF Waterfront Partners (SFWP) to develop  SWL 351. This raises troubling questions that need to be addressed in the DEIR to give public officials (and the general public) a clearer sense of the appropriateness, completeness and legality of the current environmental review process.


The DEIR must explain:


1. Is this how environmental review is normally sequenced? Is it routine for a developer that has not yet been selected by the Port to undertake a specific project, let alone negotiated an Exclusive Negotiating Agreement (ENA) with the Port for said project, to submit an EE application to Planning for this project that they haven’t yet been selected to develop and then for the Port, eighteen months later, to issue the first RFP to select a developer for the project and have a developer other than the one who submitted the EE respond to the RFP—then drop out (with     no explanation why in the DEIR), then have the RFP reissued six months later and then finally,
25 months after the current developer of 8 Washington submitted the EE, the Port finally selects said developer (SFWP) as the official developer of 8 Washington and begins negotiating an ENA? Is this NORMAL procedure?


2. How could the Port authorize SFWP’s EE application without a written agreement designating SFWP as the approved developer of SWL351? Is this standard procedure in these matters?


3. If this EE process was, in fact, legal prior to August 2008, why did the Port reverse course on August 15, 2008 and issue an RFP for SWL 351 (a site already included in the EE application filed 18 months earlier)? Doesn’t the initial applicant in the EE process have to be either the property owner or his designated developer and be able to demonstrate site control? How would that have been possible back in January 3, 2007 for SWL 351?


4. What role did SFWP play in drafting the RFP (and Port’s objectives for SWL351)?



5. What reasons did the second respondent to RFP give for “withdrawing his proposal?”



6. Why was the RFP reissued on November 10, 2008?



7. When on January 3, 2007, the Planning Department accepted an environmental evaluation application (EE) “filed by San Francisco Waterfront Partners II (the “project sponsor”) on behalf of Golden Gateway Center for a project at 8 Washington Street and the adjacent Seawall Lot 351”, was Planning aware that San Francisco Waterfront Partners had not been and could not be legally designated as “project sponsor” for SWL 351 at that time?


8. Why didn’t the fact that SFWP had no legal basis to claim that it was the “project sponsor” for SWL 351 invalidate the EE application? The DEIR states that the Port “authorized San Francisco Waterfront Partners II to submit an EE application that includes Seawall Lot 351” but wouldn’t that imply SFWP would eventually be selected as the developer and discourage other developers from submitting responses to the Port’s August 15, 2008 RFP given that SFWP had been working with Planning staff on the environmental evaluation for 18 months already?


9. Is what happened in January 2007 legal? If not, when did the Planning Department become aware of this problem and what did it do about it?


10. Having now publicly described this chronology in the DEIR, what legal impact does this have today on the environmental and project review process?


11. Would any other developer be allowed to begin the environmental review process on a project for which they had neither been designated developer nor had site control?



These questions MUST be answered in the DEIR given the bizarre and confusing chronology that now appears in it regarding how environmental review was initiated for this project.


 


B. In other Port documents related to 8 Washington, San Francisco Waterfront Partners II is described as a partnership between Pacific Waterfront Partners (PWP) and California State Teachers Retirement System (CalSTRS). However, the involvement of CalSTRS in this project appears nowhere in the DEIR. Given that CalSTRS has already spent over $23 million dollars in predevelopment funds for 8 Washington, the DEIR must contain some mention of CalSTRS as a member of this partnership and the fact that the same partnership (PWP and CalSTRS) developed Piers 1½, 3 and 5 across The Embarcadero from this site.


Finally, the first sentence of the Introduction to the DEIR refers to the fact that “on January 3, 2007 an environmental evaluation application (EE) was filed by SF Waterfront Partners on behalf of the Golden Gateway Center   for a project at 8 Washington”. That footnote references “Golden Gateway Center, Authorization Letter from Timothy Foo dated Dec. 27, 2006.”


For this DEIR to be complete and accurate it must address several key questions including:


1. Who is developing this project? Pacific Waterfront Partners?  CalSTRS? Golden Gateway Center (Timothy Foo)? What are their relationships to each other and the proposed project?


2. What precisely is the relationship between these three entities and the Port?


3. What was the understanding between SFWP, Timothy Foo and the Port when SFWP submitted its EE application on behalf of Golden Gateway Center? All three are mentioned in the relevant discussion in the DEIR.


C. The DEIR is inadequate and incomplete due to its failure to include A Community Vision for San Francisco’s Northeast Waterfront. The DEIR is inadequate and biased in discussing the Planning Department’s Northeast Embarcadero Study (NES), while failing to include an equally detailed discussion of the background and recommendations of the study prepared by Asian Neighborhood Design entitled A Community Vision for San Francisco’s Northeast Waterfront, dated February 2011, which was presented to the Planning Commission on July 7, 2011. 


The second sentence in the third paragraph of the Introduction states that the purpose of the Northeast Embarcadero Study (NES) was “to foster consensus on the future of Seawall Lot 351 and at other seawall lot properties on the northern waterfront” and leaves the reader with the impression that it succeeded in this goal by stating how many public workshops were held (five) and “on July 8, 2010, the San Francisco Planning Commission adopted a resolution that it ‘recognizes the design principles and recommendations of the Study’ and urges the Port of San Francisco to consider the recommendations of the NES when considering proposals for new development in this area”.


To be accurate and truthful, the DEIR should mention the level of anger and frustration expressed by the majority of the public that attended these five workshops who felt the Port, who was paying for the NES, was dictating its conclusions in order to facilitate the approval of the
8 Washington. For example, when 30-40 people at a workshop opposed the notion advanced by Planning staff that The Embarcadero needed a “hard edge” and that “higher heights” were appropriate for the 8 Washington site and only 6-8 people expressed support for these ideas, the notes from that meeting would later say that opinion was divided on these matters. To its credit, the Planning Department states clearly in the final draft of the NES that they failed in their goal   of achieving consensus on the future of SWL 351.


The DEIR needs to include this information to provide a more accurate representation of the outcome of the NES process.


People were so upset by what they perceived as a transparent attempt to ‘justify’ 8 Washington, that they began their own community-based planning process to address the larger issues of reconnecting Chinatown, North Beach, Russian Hill and Telegraph Hill to the Waterfront; healing the wounds left by the ramps to the Embarcadero Freeway by making Broadway, Washington and Clay Streets more pedestrian, bicycle and transit friendly; and fostering consensus on the future of Seawall Lot 351 and at other seawall lot properties on the northern waterfront.


Four major community organizations representing thousands of local residents, small businesses        and property owners became the primary sponsors/organizers of this “Community Vision for the Northeast Waterfront” and hired Asian Neighborhood Design to assist them in developing it.    These organizations included: Friends of Golden Gateway; Golden Gateway Tenants Association; Telegraph Hill Dwellers and Barbary Coast Neighborhood Association. Stakeholders from Chinatown, Russian Hill, Nob Hill, Fisherman’s Wharf and other neighborhoods also participated.


On July 7, 2010, when the Planning Department staff presented the NES to the Planning Commission, AND and the four sponsors of the “Community Vision for the Northeast Waterfront” were invited to present a summary of their planning work to date.


The DEIR fails to make any mention of the alternative plan created by these four community groups with AND’s help. It needs to describe this study, how it differs from Planning’s NES and include it in the final EIR so public officials can evaluate the merits of both studies for themselves.
 
The DEIR must describe the reasons why this alternative community planning process was undertaken and include a detailed discussion how the proposed project would or would not conform to each of the recommendations contained in A Community Vision for San Francisco’s Northeast Waterfront?


I am attaching a copy of the AND Study: A Community Vision for San Francisco’s Northeast Waterfront to these comments and ask that it be included in the EIR so that readers and public officials can gauge for themselves if it was more successful in “fostering consensus on the future of Seawall Lot 351 and at other seawall lot properties on the northern waterfront” than the Planning Department’s Northeast Embarcadero Study (NES).


D. The DEIR tries, unsuccessfully, to minimize the loss of iconic views of Coit Tower and Telegraph Hill from in front of the Ferry Building with its argument about ‘episodic’ views and a new claim that “trees” already obscure the views of Coit Tower from in front of the Ferry Building, views enjoyed by millions of tourists, residents and office workers each year.  As demonstrated in Figure IV.B-3: View B (page IV.B.7), the height and mass of the proposed project would completely obstruct views of Coit Tower and Telegraph Hill currently seen from the Embarcadero Promenade at the northern end of the Ferry Building. This significant adverse effect on the visual quality and scenic vistas enjoyed by the public puts the project in direct conflict with a number of city and Port planning policies. The DEIR’s conclusion that this would not create a substantial adverse effect on a scenic vista because “Coit Tower and Telegraph Hill would continue to be visible from numerous vantage pointes in the vicinity of the Project site and the City” is a biased and subjective judgment that is not based on fact. This ‘episodic’ argument could be used to claim that NO building ever blocks an important view because if you walk far enough past the offending structure, you might get the view back.
The comment about trees blocking the view of Coit Tower from in front of the Ferry Building must be stricken from the document. I just came from standing at the main entrance of the Ferry Building and I could clearly see Coit Tower and most of Telegraph Hill. While several trees in front of the F-line stop across the street did impede the view around the edges, these trees could easily be pruned to eliminate the problem.



E. The DEIR’s Traffic and Transit Data is Seriously Out of Date.


The traffic data relied upon by the DEIR in reaching its conclusions is incredibly stale, having been based on surveys done in 2006-2007 and with 2000 census data (page IV.D.5 of the DEIR).  These studies must be updated.  For example, the assumptions made in the DEIR that the existing conditions at the Embarcadero/Broadway and Embarcadero/Washington intersections are “satisfactory” (at LOS D) defy logic.  Anyone familiar with the real time conditions at these intersections knows that this assessment could not be based on a factual analysis of current conditions at peak periods which, by the way, often occur on weekends (not studied in DEIR).


Also out of date is the transit information relied upon by the DEIR in reaching its conclusion that the project would not result in significant transportation impacts to transit systems (Impact TR-2), having been based upon data on capacity and utilization of individual MUNI lines from 2007 (page IV.D.9 of the DEIR).  This data should also be updated. For example, whoever was responsible for the assumption in the DEIR that the F-Line is not at capacity during peak periods has never ridden the F-line at peak periods. The America’s Cup will only make this worse.



F. The DIER belittles Pedestrian Safety Issues. The DEIR states that: “Conflicts between pedestrians and vehicles could occur at the project garage driveway, which could cause the potential inbound vehicles to queue onto Washington Street. Outbound vehicles would queue inside the garage and would not affect street traffic. Conflicts between outbound vehicles and pedestrians could still occur, but their effect on pedestrians would be reduced because pedestrians on the sidewalk have the right-of-way.” (page IV.D.25). I’m sure the fact that pedestrians have the right-of-way is of great comfort to families of children and seniors who’ve been struck and killed by cars. This statement is insulting and MUST be stricken from the DEIR. It’s also not true.


In the very next paragraph the DEIR makes the following statement about these potential vehicular and pedestrian conflicts at the garage driveway:


“The number of vehicles and pedestrians per minute are relatively small (about one vehicle and three pedestrians every 30 seconds on average) and it is therefore not anticipated that the proposed project would cause any major conflict or interfere with pedestrian movements in the area.” (page IV.D.25)


These numbers translate to 2 cars and 6 pedestrians every minute or 120 cars and 360 pedestrians an hour (or approximately 1,440 cars and 4,320 pedestrians coming into potential conflict in any given 7 am to 7 pm period).  The DEIR’s conclusion that such conflict between vehicles and pedestrian movement would be “less than significant” makes no logical sense and is simply not supported by the facts presented in the DEIR. 


G. The DEIR must include a new fence around the Golden Gateway Tennis and Swim Club in its NO PROJECT Alternative. Finally, the comments often heard about the “ugly green fence” around the GGTSC reminds us that the DEIR must let the reader know that it is the owner of the property, Mr. Timothy Foo, who is responsible for the ugly “green fence”. First, he has put the GGTSC operator on a month-to-month lease making it difficult for them to make a substantial investment in a nicer fence. Second, Mr. Foo himself stands to gain financially if 8 Washington is approved, so he has no incentive to fix the fence since its unsightliness is being used as an argument for demolishing the current facility. This simplest way to correct this bias would be to:


Include a rendering of the site with a new, attractive fence in the NO PROJECT alternative .


For the reasons stated in this letter, I believe this DEIR is seriously incomplete and inadequate to address the potentially significant impacts of this project.  I urge you to revise the document and re-circulate it in draft form.


Sincerely,


 


Brad Paul


 


 


 


 


 


 


 


 


 


 


 


 


 

Film Listings

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Film listings are edited by Cheryl Eddy. Reviewers are Kimberly Chun, Michelle Devereaux, Max Goldberg, Dennis Harvey, Louis Peitzman, Lynn Rapoport, Ben Richardson, and Matt Sussman. For rep house showtimes, see Rep Clock.

OPENING

Apollo 18 Faux-found-footage horror flick about a top-secret moon landing gone terribly awry. (1:26)

The Debt On paper, The Debt has a lot going for it: captivating history-based plot, “it” actor Jessica Chastain, Helen Mirren vs. Nazis. And while the latest from John Madden (1998’s Shakespeare in Love) is fairly entertaining, the film is ultimately forgettable. Chastain plays Rachel, a member of an Israeli team tasked with capturing a Nazi war criminal and bringing him to justice. Mirren is the older Rachel, who is haunted by the long-withheld true story of the mission. Although The Debt traffics in spy secrets, it’s actually rather predictable: the big reveal is shrug-worthy, and the shocking conclusion is expected. So while the entire cast — which also includes Tom Wilkinson, Sam Worthington, and Ciaran Hinds — turn in admirable performances, the script is lacking what it needs to make The Debt an effective drama or thriller. Like 2008’s overrated The Reader, the film tries to hide its inadequacies under heavy themes and the dread with which we remember the Holocaust. (1:54) (Peitzman)

Film Socialisme For the record, Jean-Luc Godard is alive and well and still making thought-provoking films. (1:41) SFFS New People Cinema.

A Good Old Fashioned Orgy Thirtysomethings in the Hamptons do the darndest things. (1:35)

*Higher Ground Higher Ground does not bite off more than it can chew. I guess that should go without saying, but it’s striking how comfortably Vera Farmiga (in her directorial debut) tackles this story of devotion and doubt. Based on the memoirs of Carolyn S. Briggs, who co-wrote the screenplay, this deeply personal film follows Corrine Walker (Vera Farmiga) from her adolescence through the trials of youth and middle age, her marriage to high school sweetheart Ethan (Joshua Leonard), and their lives as members of a small hippie Christian community. Although religion serves as a backdrop for Higher Ground, it doesn’t suffocate the human element of the story; it’s less a film about Christianity than it is about the challenges one woman faces as she tries to find room for herself amidst faith. Farmiga treats her subjects with empathy and humor and crafts a thoughtful, tender slice of sixties Midwest Americana. (1:49) (Cooper Berkmoyer)

*The Interrupters See “Chicago Hope.” (2:05)

*Love Exposure See Trash. (3:57) Roxie.

Seven Days in Utopia If the sports sub-sub-genre “existential golf drama” is your idea of a good time, you’re in luck this week. (1:38)

Shark Night 3D Just realized this movie is rated PG-13. DISLIKE. (1:31)

ONGOING

*Beginners There is nothing conventional about Beginners, a film that starts off with the funeral arrangements for one of its central characters. That man is Hal (Christopher Plummer), who came out to his son Oliver (Ewan McGregor) at the ripe age of 75. Through flashbacks, we see the relationship play out — Oliver’s inability to commit tempered by his father’s tremendous late-stage passion for life. Hal himself is a rare character: an elderly gay man, secure in his sexuality and, by his own admission, horny. He even has a much younger boyfriend, played by the handsome Goran Visnjic. While the father-son bond is the heart of Beginners, we also see the charming development of a relationship between Oliver and French actor Anna (Mélanie Laurent). It all comes together beautifully in a film that is bittersweet but ultimately satisfying. Beginners deserves praise not only for telling a story too often left untold, but for doing so with grace and a refreshing sense of whimsy. (1:44) (Peitzman)

*Bellflower Picture Two Lane Blacktop (1971) drifters armed with “dude”-centric vocabulary and an obsession with The Road Warrior (1981) and its apocalypse-wow survivalist chic. There are so many pleasures in this janky, so-very-DIY, heavy-on-the-sunblasted-atmosphere indie that you’re almost willing to overlook the clichés, the dead zones, and the annoying characters. Seeming every-dudes Woodrow (director-writer-producer Evan Glodell) and Aiden (Tyler Dawson) are far too obsessed with tricking out their cars and building a flamethrower for their own good — the misfits must force themselves out of the metal shop of the mind to meet women. So when Woodrow goes up against Milly (Jessie Wiseman) in a cricket-eating contest at a bar, it’s love at first bite. Their meet-gross morphs into a road trip and eventually a relationship, while the flamethrower nags, unexplained, in the background, like an unfired gun — or an unconsummated, not-funny bromance. These manifestations of male fantasy — muscle cars, weapons, and tough chicks — are cast in a dreamy, saturated, and burnt-at-the-edges light, as Glodell and company weave together barely articulated reveries and bad-new-west imagery with a kind of fuck-all intelligence, culminating in a finale that will either haunt you with its scattershot machismo-romanticism or leave you scratching your noggin wondering what just happened. (1:46) (Chun)

Brighton Rock Writer Rowan Joffe (2010’s The American) moves into the director’s chair for this Graham Greene adaptation, previously filmed in 1947 with an early-career star turn by Richard Attenborough. Joffe’s version updates Greene’s 1938 story to 1964, allowing the brutal actions of small-time hood Pinkie Brown to unfold as Britain’s mods vs. rockers youth riots boil in the background. Don’t get too excited, though — despite a cool premise and even cooler setting, and the presence of veterans Helen Mirren and John Hurt in supporting roles, Brighton Rock rages without a rudder. Pinkie is played by Sam Riley (so good as Ian Curtis in 2007’s Control), who snarls like a sociopathic James Dean and is so transparently hateful it’s hard to root for anything other than his hastened demise. Brighton Rock‘s most memorable element is probably Andrea Riseborough, an on-the-verge young Brit who’s being touted as the next Carey Mulligan. She has the thankless (yet showy) role of Rose, a naïve waitress who becomes entangled in Pinkie’s web after being in the wrong place at the wrong time. A far-from-storybook ending awaits, and you’ll experience little enjoyment watching the characters claw their way there. (1:51) (Eddy)

Buck This documentary paints a portrait of horse trainer Buck Brannaman as a sort of modern-day sage, a sentimental cowboy who helps “horses with people problems.” Brannaman has transcended a background of hardship and abuse to become a happy family man who makes a difference for horses and their owners all over the country with his unconventional, humane colt-starting clinics. Though he doesn’t actually whisper to horses, he served as an advisor and inspiration for Robert Redford’s The Horse Whisperer (1998). Director Cindy Meehl focuses generously on her saintly subject’s bits of wisdom in and out of a horse-training setting — e.g. “Everything you do with a horse is a dance” — as well as heartfelt commentary from friends and colleagues. In the harrowing final act of the film, Brannaman deals with a particularly unruly horse and his troubled owner, highlighting the dire and disturbing consequences of improper horse rearing. (1:28) (Sam Stander)

Captain America: The First Avenger OK, Marvel. I could get behind 2008’s Iron Man (last year’s Iron Man 2, not so much), but after Thor and now Captain America, I’m starting to get cynical about this multi-year build-up to the full-on Avengers movie, due in May 2012. Can even a superhero-stuffed movie directed by Joss Whedon live up to all this hype? There’s plenty of time to ponder, and maybe worry a little, with Captain America’s backstory-explaining picture now in theaters. Chris Evans stars as the 90-pound weakling who morphs into a supersoldier, thanks to the World War II-era tinkerings of a scientist (Stanley Tucci) and an inventor (Dominic Cooper as Howard Stark, a.k.a. Iron Man’s dad). The original plan for the musclebound shield-bearer (fighting Nazis, natch) gets waylaid a bit when the newly famous Captain America becomes a PR prop for the U.S. government; it’s abandoned entirely when a worse-than-Hitler foe, in the guise of power-obsessed Red Skull (Hugo Weaving), threatens the world. Directed by Spielberg cohort Joe Johnston, Captain America is gee-whiz enjoyable enough, but it’s very nearly the same movie as Thor, which no amount of Tommy Lee Jones (as a sarcastic army colonel) wisecracks can conceal. And here’s an anti-spoiler: there’s no post-credits surprise in this one, so you can bolt as soon as they start to roll. (2:09) (Eddy)

Colombiana (1:47)

Conan the Barbarian Neither 3D (unnecessary) nor Game of Thrones‘ Jason Momoa (beefcake-y) are enough to make this Conan the Barbarian competition for the 1982 Schwarzenegger classic. This new take is a barely adequate adventure movie helped along by Rose McGowan’s leering turn as an evil witch with Freddy Krueger claws. Would that everyone involved (including frequent remake director Marcus Nispel) had McGowan’s razor-sharp grasp of tone; as a whole, the film is never quite sure if it’s a camp-tastic voyage (the prologue, containing Conan’s birth and much Ron Perlman nostril-flaring, suggests what might have been) or a semi-straightforward fantasy actioner. A totally forgettable female lead (Rachel Nichols), a he-was-scarier-in-Avatar villain (Stephen Lang), a blah mixture of two tired plots (revenge + “chosen one”) — there’s just not a lot here, aside from a few hilarious lines of dialogue and Momoa’s muscles. He was so great in Game of Thrones, though, I suspect this dud won’t keep his career from skyrocketing. (1:42) (Eddy)

Cowboys and Aliens Here ’tis in a nutshell: the movie’s called Cowboys and Aliens — and that’s exactly, entirely what you’ll get. Director Jon Favreau may never best 2008’s Iron Man (actor Jon Favreau will prob never top 1996’s Swingers, but that’s a debate for another time), but that doesn’t mean he won’t have a good time trying. Cowboys is a genre mash-up in the most literal sense; as the title suggests, it pits Wild West gunslingers (Harrison Ford as a crabby cattleman, Daniel Craig as an amnesiac outlaw) against gold-seeking space invaders who also delight in kidnapping and torturing humans. As stupidly entertaining as it is, this is a textbook example of a pretty OK movie that could have been so much better … if only. If only the alien characters had a little bit more District 9-style personality. If only the story had a shred of suspense — look ye not here for “spooky” and “mysterious;” this shit is 100 percent full-on explosions. If only Craig’s comically fine-tooled physique didn’t outshine his wooden acting. And so forth. (1:58) (Eddy)

Crazy, Stupid, Love Keep the poster’s allusion to 1967’s The Graduate to one side: there aren’t many revelations about midlife crises in this cleverly penned yet strangely flat ensemble rom-com, awkwardly pitched at almost every demographic at the cineplex. There’s the middle-aged romance that’s withered at the vine: nice but boring family man Cal (Steve Carell) finds himself at a hopeless loss when wife and onetime teenage sweetheart Emily (Julianne Moore) tells him she wants a divorce and she’s slept with a coworker (Kevin Bacon). He ends up waxing pathetic at a slick nightclub where he catches the eye of the well-dressed, spray-tanned smoothie Jacob (Ryan Gosling), who appears to have taken his ladies man stance from the Clooney playbook. It’s manly makeover time: GQ meets Pretty Woman (1990)! Cut to Cal and Emily’s babysitter Jessica (Analeigh Tipton), who is crushing out on Cal, while the separated couple’s tween Robbie (Jonah Bobo) hankers for Jessica. Somehow Josh Groban worms his way into the mix as the dullard suitor of Hannah (Emma Stone) in a hanging chad of a storyline that must somehow be resolved in this mad, mad, mad, mad — actually, the problem with Crazy, Stupid, Love is that it isn’t really that crazy. It tries far too hard to please everybody in the theater to its detriment, reminding the viewer of a tidy, episodic TV series (albeit a quality effort) like Modern Family more than an actual film. Likewise I yearned for a way to fast-forward through the too-cute Jessica-Robbie scenes in order to get back to the sleazy-smart, punchy complexity of Gosling, playing adeptly off both Carrell and Stone. (1:58) (Chun)

The Devil’s Double Say hello to my little friend, again— and rest assured, it’s not a dream and you’re seeing double. New Zealand filmmaker Lee Tamahori gets back to his potboiler roots with this campy, claustrophobic look back at the House of Saddam Hussein, based on a true story and designed to win over fans of Scarface (1983) with its portrait of mad excess and deca-dancey ’80s-ish soundtrack. The craziest poseur of all is Hussein’s son Uday (Dominic Cooper), a petty dictator-in-the-making — and, according to this film, a full-fledged murderous pedophile — who chomps cigars and wraps his jaws around schoolgirls while Cooper happily chews scenery. Uday needs a double to sidestep all those troublesome assassination attempts, so he enlists look-alike childhood friend Latif (also Cooper) to get the surgery, pop in the overbite, bray like a madman, make appearances in his stead, and function as a kind of pet human. Never mind Ludivine Sagnier, glassy-eyed and absurd in the role of Uday’s favorite sex kitten Sarrab — Double is completely Cooper’s, who seizes the moment, investing the morally upstanding Latif with a serious sincerity with just his eyes and body language and infusing evil odd job Uday with a dangerous, comic-book unpredictability. To his credit, Cooper imbues such cult-ready, blow-the-doors-off lines as “I love cunt! I love cunt more than god!” with, erm, believability, even as the denouement rings somewhat false. (1:48) (Chun)

Don’t Be Afraid of the Dark If you’re expecting a traditional haunted house story, Don’t Be Afraid of the Dark might be a disappointment. The film, which was co-written by Guillermo del Toro, has a lot in common with his Pan’s Labyrinth (2006) — both movies are more dark fairy tale than horror. They follow a young girl who discovers a mystical world around her, much to the disbelief of the adults around her. It’s worth noting that Don’t Be Afraid of the Dark is lighter fare: despite all the peril involved, it’s actually pretty fun. Young Bailee Madison, who made such an impression in 2009’s Brothers, is a charming lead, precocious but believable. And Katie Holmes is surprisingly sympathetic in her role as the caring stepmother, a nice switch from the standard fairy tale trope. As with Fright Night, the ad campaign for Don’t Be Afraid of the Dark is misleading, so here’s hoping audience members looking for a gory slasher will appreciate a whimsical fable instead. (1:40) (Peitzman)

Fright Night Don’t let the spooky trailer fool you: the Fright Night remake is almost as silly as the original. In fact, it follows the 1985 film closely, as young Charley Brewster (Anton Yelchin) comes to realize that his neighbor Jerry (Colin Farrell) is a vampire. The biggest change is a smart one — this Fright Night transforms late-night TV host Peter Vincent into Criss Angel-type illusionist Peter Vincent (David Tennant). The casting is spot on all-around, and frankly, Farrell is a lot more believable than Chris Sarandon as the seductive bad boy. The only real problem with the new Fright Night — other than the unnecessary 3D — is that it never fully commits to camp the way the original did. There’s a bit too much back-and-forth between serious scares and goofy blood splatters. Luckily, it’s still an entertaining remake that doesn’t crap all over a classic. It’s also a great reminder that vampires don’t have to be moody — remember, they used to be fun. (2:00) (Peitzman)

*The Future Dreams and drawings, cats and fantasies, ambition and aimlessness, and the mild-mannered yet mortifying games people play, all wind their way into Miranda July’s The Future. The future’s a scary place, as many of us fully realize, even if you hide from it well into your 30s, losing yourself in the everyday. But you can’t duck July’s collection of moments, objects, and small gestures transformed into something strangely slanted and enchanted, both weird and terrifying, when viewed through July’s looking glass. Care and commitment — to oneself and others — are two vivid threads running through The Future. Cute couple Sophie (July) and Jason (Hamish Linklater) — unsettling look-alikes with their curly crops — appear at first to be sailing contently, aimlessly toward an undemanding unknown: Jason works from home as a customer-service operator, and Sophie attempts to herd kiddies as a children’s dance instructor. But enormous, frightening demands beckon — namely the oncoming adoption of a special-needs feline named Paw-Paw (voiced by July as if it’s a traumatized, innocent child). Lickety-splitsville, they must be all they can be before Paw-Paw’s arrival. The weirdness of the familiar, and the kindness of strangers, become ways into fantasy and escape when the couple bumps up against the limits of their imagination. This ultra-low-key horror movie of the banal is obviously remote territory for July (2005’s Me and You and Everyone We Know). The Future is her best film to date and finds her tumbling into a kind of magical realism or plastic fantastic, embodied by a talking cat that becomes the conscience of the movie. (1:31) (Chun)

The Guard Irish police sergeant Gerry Boyle (Brendan Gleeson) is used to running his small town on his own terms — not in a completely Bad Lieutenant (1992) kind of way, though he’s not afraid to sample drugs and hang with hookers. More like, he’s been running the show for years, and would prefer that big-city cops stay the hell out of his village. Alas, a gang of drug smugglers is doing business in the area, so an officious group of investigators from Dublin (horrors!) and America (in the form of an FBI agent played by Don Cheadle) soon descend. His mother’s dying, his brand-new partner’s missing, and between all the interlopers on both sides of the law, Boyle’s having a hard time having a pint in peace. Good thing he’s not as simple-minded as all who surround him think he is. Writer-director John Michael McDonagh (brother of playwright Martin, who directed 2008’s In Bruges — also starring Gleeson) puts an affable Irish spin on what’s essentially a pretty typical indie comedy, with some pretty typical crime-drama elements layered atop. Boyle’s character is memorably clever, but the film that contains him never quite elevates to his level. (1:36) (Eddy)

Gun Hill Road Though the visibility of gays and lesbians in cinema remains (largely) confined to independent film, Rashaad Ernesto Green, in his debut feature Gun Hill Road, uses the creative freedom afforded by that closeting to explore issues of race and confused sexuality amid the Latino population of the Bronx. Esai Morales is Enrique, a former drug dealer returning from prison to his wife Angela (Judy Reyes) and teenage son Michael (Harmony Santana). But everyone seems to have moved on with their lives. Angela is having an affair, and Michael has created a new persona, Vanessa. Green’s film focuses on the relationship between the damaged Enrique and Michael, whose cross-dressing and budding transsexuality puts the family members at odds. Nominated for the Grand Jury Prize at Sundance and an entry in this year’s Frameline Film Festival, Gun Hill Road is one in a recent spate of films that deals with coming out in an urban setting. Like Green’s film, Peter Bratt’s La Mission (2009) offered a picture of homophobia in the Latino community. But Gun Hill Road, despite its bulging dramatic heft, shirks the after-school-special formula of La Mission by imagining complex characters rather than hewing them from instantly recognizable, sympathetic archetypes. (1:28) (Ryan Lattanzio)

*Harry Potter and the Deathly Hallows Part 2 Chances are you aren’t going to jump into the Harry Potter series with Harry Potter and the Deathly Hallows Part 2. So while the movie is probably the best Harry Potter film yet, it’s more a fitting conclusion than a standalone film. For fans of the books, there are no real surprises — this is a close adaptation. And for those Harry Potter movie fans who haven’t read the books, shame on you, and kudos if you managed to not get spoiled. It’s hard for me to offer a serious critical analysis of Part 2, because it represents the end of a long and very emotional journey. (Everyone in that audience was crying. Everyone.) I will say that, as was the case in the book, there are a few overdone, schmaltzy moments that aren’t really necessary. But in the context of the series, they’re forgivable — this may not be the great cinematic event of our generation, but Harry Potter as a whole is sure to be one of our most enduring cultural icons. (2:10) (Peitzman)

*The Hedgehog You needn’t possess the rough, everyday refinement of the characters of The Hedgehog to appreciate this debut feature by director-screenwriter Mona Achache — just an appreciation for a delicate touch and a tender heart. Eleven-year-old Paloma (the wonderful Garance Le Guillermic) is too smart for her own good, bored, neglected by her parents, and left to fend for herself with only her considerable imagination and a camcorder. She drifts around her fishbowl of privilege, a deluxe art nouveau-style apartment building in Paris, leveling her all-too-wise gaze on its denizens and plotting certain suicide on her 12th birthday — that is until a new resident appears in her viewfinder: a kindly Japanese gentleman Kakuro Ozu (Togo Igawa). He has as much of a connoisseur’s eye as Paloma — the proof is in his unlikely focus of attention, the building’s concierge Renée Michel (Josiane Balasko, resembling a burly Gertrude Stein), who hides her cultured and bookish inclinations behind a gruff, drab exterior. They recognize in each other a reverence for an almost monkish life of the mind, the austere elegance of wabi-sabi, and the transient beauty of rough-hewn imperfection, even in the sleek, well-heeled heart of the City of Light. To the credit of Achache, working with Muriel Barbery’s novel, these unlikely fragile friendships between outsiders take hold in a way that sidesteps preciousness and stays with you long after its pages have turned. (1:40) Smith Rafael. (Chun)

The Help It’s tough to stitch ‘n’ bitch ‘n’ moan in the face of such heart-felt female bonding, even after you brush away the tears away and wonder why the so-called help’s stories needed to be cobbled with those of the creamy-skinned daughters of privilege that employed them. The Help purports to be the tale of the 1960s African American maids hired by a bourgie segment of Southern womanhood — resourceful hard-workers like Aibileen (Viola Davis) and Minny (Octavia Spencer) raise their employers’ daughters, filling them with pride and strength if they do their job well, while missing out on their own kids’ childhood. Then those daughters turn around and hurt their caretakers, often treating them little better than the slaves their families once owned. Hinging on a self-hatred that devalues the nurturing, housekeeping skills that were considered women’s birthright, this unending ugly, heartbreaking story of the everyday injustices spells separate-and-unequal bathrooms for the family and their help when it comes to certain sniping queen bees like Hilly (Bryce Dallas Howard). But the times they are a-changing, and the help get an assist from ugly duckling of a writer Skeeter (Emma Stone, playing against type, sort of, with fizzy hair), who risks social ostracism to get the housekeepers’ experiences down on paper, amid the Junior League gossip girls and the seismic shifts coming in the civil rights-era South. Based on the best-seller by Kathryn Stockett, The Help hitches the fortunes of two forces together — the African American women who are trying to survive and find respect, and the white women who have to define themselves as more than dependent breeders — under the banner of a feel-good weepie, though not without its guilty shadings, from the way the pale-faced ladies already have a jump, in so many ways, on their African American sisters to the Keane-eyed meekness of Davis’ Aibileen to The Help‘s most memorable performances, which are also tellingly throwback (Howard’s stinging hornet of a Southern belle and Jessica Chastain’s white-trash bimbo-with-a-heart-of-gold). (2:17) (Chun)

Midnight in Paris Owen Wilson plays Gil, a self-confessed “Hollywood hack” visiting the City of Light with his conservative future in-laws and crassly materialistic fiancée Inez (Rachel McAdams). A romantic obviously at odds with their selfish pragmatism (somehow he hasn’t realized that yet), he’s in love with Paris and particularly its fabled artistic past. Walking back to his hotel alone one night, he’s beckoned into an antique vehicle and finds himself transported to the 1920s, at every turn meeting the Fitzgeralds, Gertrude Stein (Kathy Bates), Dali (Adrien Brody), etc. He also meets Adriana (Marion Cotillard), a woman alluring enough to be fought over by Hemingway (Corey Stoll) and Picasso (Marcial di Fonzo Bo) — though she fancies aspiring literary novelist Gil. Woody Allen’s latest is a pleasant trifle, no more, no less. Its toying with a form of magical escapism from the dreary present recalls The Purple Rose of Cairo (1985), albeit without that film’s greater structural ingeniousness and considerable heart. None of the actors are at their best, though Cotillard is indeed beguiling and Wilson dithers charmingly as usual. Still — it’s pleasant. (1:34) (Harvey)

Motherland When Raffi Tang (Francoise Yip) learns of her estranged mother’s death, the prodigal-daughter returns to her hometown, San Francisco, only to discover that nothing is as first supposed. Forced to contend with the protracted legal battle between her late mother and re-married father (Kenneth Tsang) as well as an incompetent (and poorly acted) police detective (Jason Payne), Tang drifts, looking distracted, lost, and maybe vaguely concerned throughout the first two thirds of the film. Yip does little to enliven a flat script rife with stock phrases and worn cinematic conventions, and while her emotional distance seems genuine, it’s boring nonetheless. Motherland is, to its credit, an angry movie — director Doris Yeung drew on her own experience with the murder of her mother — but the rage fizzles when it finally does erupt, smothered by uninspired acting and a directionless screenplay. (1:33) (Berkmoyer)

*My Perestroika Robin Hessman’s very engaging documentary takes one very relatable look at how changes since glasnost have affected some average Russians. The subjects here are five thirtysomethings who, growing up in Moscow in the 70s and 80s, were the last generation to experience full-on Communist Party indoctrination. But just as they reached adulthood, the whole system dissolved, confusing long-held beliefs and variably impacting their futures. Andrei has ridden the capitalist choo-choo to considerable enrichment as the proprietor of luxury Western menswear shops. But single mother Olga, unlucky in love, just scrapes by, while married schoolteachers Lyuba and Boris are lucky to have inherited an apartment (cramped as it is) they could otherwise ill afford. Meanwhile Ruslan, once member of a famous punk band (which he abandoned on principal because it was getting “too commercial”), both disdains and resents the new order just as he did the old one. Home movies and old footage of pageantry celebrating Soviet socialist glory make a whole ‘nother era come to life in this intimate, unexpectedly charming portrait of its long-term aftermath. (1:27) Balboa. (Harvey)

*The Names of Love Arthur (Jacques Gamblin) is a 40-ish scientist being interviewed about the threat of a bird flu epidemic when his radio broadcast is interrupted by 20-something Baya (Sara Forestier), who denounces him on-air as a “fascist” for frightening the public. But then, Baya tends to use that label rather indiscriminately, applying it to anyone who might conceivably have views to the right of the dial — and Arthur is in fact a solid liberal, which means she can bed him for love. As opposed to the many, many other men she beds as a self-described “political whore,” seeking out conservative types in order to seduce them and hopefully induce an idealogical shift by whispering sweet nothings (“Not all Arabs are thieves,” etc.) as they orgasm. Raised by parents whose emotions are so tightly wound his mother won’t acknowledge her parents were Jews killed at Auschwitz, Arthur has a hard time adjusting to a relationship with a lover who is faithful emotionally but sees promiscuity as her propagandic gift to the world. Meanwhile Baya’s largely Algerian family treats garrulous political argument as the very air they breathe. This odd-couple story written by Baya Kasmi and director Michel Leclerc deals with serious issues in both humorous and respectful fashion, making for one of the more novel, delightful and depthed French romantic comedies in a long time. Added plus: lots of antic gratuitous nudity. (1:42) Smith Rafael. (Harvey)

*One Day Why do romantic comedies get such a bad rap? Blame it on the lame set-up, the contrived hurdles artificially buttressed by the obligatory chorus of BFFs, the superficial something-for-every-demographic-with-ADD multinarrative, and the implausible resolutions topped by something as simple as a kiss or as conventional as marriage, but often no deeper, more crafted, or heartfelt than an application of lip gloss. Yet the lite-as-froyo pleasures of the genre don’t daunt Danish director Lone Scherfig, best known for her deft touch with a woman’s story that cuts closer to the bone, with 2009’s An Education. Her new film, One Day, based on the best-selling novel by David Nicholls, flirts with the rom-com form — from the kitsch associations with Same Time, Next Year (1978) to the trailer that hangs its love story on a crush — but musters emotional heft through its accumulation of period details, a latticework of flashbacks, and collection of encounters between its charming protagonists: upper-crusty TV presenter Dexter (Jim Sturgess) and working-class aspiring writer Emma (Anne Hathaway). Their quickie university friendship slowly unfolds, as they meet every St. Swithin’s Day, July 15, over a span of years, into the most important relationship of their lives. Despite the blue-collar female lead and UK backdrop that it shares with An Education, One Day feels like a departure for Scherfig, who first found international attention for her award-winning Dogme 95-affiliated Italian for Beginners (2000). (1:48) (Chun)

*Our Idiot Brother If you thought 1998’s The Big Lebowski had eked all the humor that it could from the Dude, well, screenwriter (and Vanity Fair contributor) Evgenia Peretz, her not-so-idiotic brother (director Jesse Peretz), and star Paul Rudd would differ. They correctly guessed that there are still laughs to be wrung from a shaggy stoner in floral jams, only this time with less fuuuck-s and more benevolent, idiot-savant good vibrations. Dazed and confused broheim 2.0 (Rudd) is glimpsed through the jaded, harried prism of his three dysfunctional, supposedly normal sisters: frumpadelic mom Liz (Emily Mortimer), queen-bitch Vanity Fair writer Miranda (Elizabeth Banks), and slatternly would-be comedian Natalie (Zooey Deschanel). A good-hearted naïf who’s easily entrapped by a uniformed police officer claiming to need some pity doobage, Ned has just emerged from the joint and is now couch-surfing among his sibs, exposing the hypocrisies of bourgie-hipster Brooklyn, as well as the infidelities and vanities of family, friends, and partners (Steve Coogan, Rashida Jones, Adam Scott, and Hugh Dancy) as he goes, in his own good-natured, aw-shucks way. As innocuous (and desexualized) as Andy Griffith beneath the hippie trappings, this dude-with-a-little-d knows where his real family is — with his dog, Willie Nelson, who loves him just as unconditionally. Beastie besties have never seemed so innocent as they are in this proudly feel-good comedy, and despite a cringe-y, saccharine soundtrack and lackadaisical pacing, Rudd’s charismatic sunny slacker and some pointed jabs at the follies of the cooler-than-thou save this indie-that-could. (1:36) (Chun)

*Point Blank Not for nothing did Hollywood remake French filmmaker Fred Cavaye’s last film, Anything for Her (2008) as The Next Three Days (2010) — Cavaye’s latest, tauter-than-taut thriller almost screams out for a similar rework, with its Bourne-like handheld camera work, high-impact immediacy, and noirish narrative economy. Point Blank — not to be confused with the 1967 Lee Marvin vehicle —kicks off with a literal slam: a mystery man (Roschdy Zem) crashing into a metal barrier, on the run from two menacing figures until he is cornered and then taken out of the action by fate. His mind mainly on the welfare of his very pregnant wife Nadia (Elena Anaya), nursing assistant Samuel (Gilles Lellouche) has the bad luck to stumble on a faux doctor attempting to make sure that the injured man never rises from his hospital bed. As police wrangle over whose case this exactly is — the murder of an industrialist seems to have expanded the powers of the stony-faced, monolithic Commandant Werner (Gerard Lanvin) — Samuel gets sucked into the mystery man’s lot, a conspiracy that allows them to trust no one, and seemingly impossibly odds against getting out of the mess alive. Cavaye never quite stops applying the pressure in this clever, unrelenting cat-and-mouse and mouse-and-his-spouse game, topping it with a nerve-jangling search through a messily chaotic police station. (1:24) (Chun)

*Rise of the Planet of the Apes “You gotta love a movie where the animals beat up on the humans,” declared my Rise of the Planet of the Apes companion. Indeed, ape must not kill ape, and this Planet of the Apes prequel-cum-remake of Conquest of the Planet of the Apes (1972) takes the long view, back to the days when ape-human relations were still high-minded enough to forbid smart apes from killing those well-armed, not-so-bright humanoids. I was a fan of the original series, but honestly, I approached Rise with trepidation: I dreaded the inevitable scenes of human cruelty meted out to exploited primates — the current wave of chimp-driven films seems focused on holding a scary, shaming mirror up to the two-legged mammalian violence toward their closest living genetic relatives. It’s a contrast to the original series, which provided prisms with which to peer at race relations and generational conflict. But I needn’t have feared this PG-13 “reboot.” There’s little CGI-driven gore, apart from the visceral opening and the showdown, though the heartbreak remains. Scientist Will (James Franco, brow perpetually furrowed with worry) is working to find a medicine designed to supercharge the brain in the wake of Alzheimer’s — a disease that has struck down his father (John Lithgow). When the experimental chimp that responds to his serum becomes violently aggressive, the project is shut down, although the primate leaves behind a surprise: a baby chimp that Will and his father name Caesar and raise like a beloved child in their idyllic Bay Area Victorian. Growing in intelligence as he matures, Caesar finds himself torn by an existential dilemma: is he a pet or a mammal with rights that must be respected? Rise becomes Caesar’s story, rendered in heart-wrenching, exhilarating ways — to director Rupert Wyatt and his team’s credit you don’t miss the performance finesse of Roddy McDowell and Kim Hunter in groundbreaking prosthetic ape face in the original movies — while resolving at least one question about why humans gave up the globe to the primates. One can only imagine the next edition will take care of the lingering question about how even the cleverest of apes will feed themselves in Muir Woods. (1:50) (Chun)

Sarah’s Key (1:42)

*Senna When Ayrton Senna died in 1994 at the age of 34, he had already secured his legacy as one of the greatest and most beloved Formula One racers of all time. The three-time world champion was a hero in his native Brazil and a respected and feared opponent on the track. This eponymous documentary by director Asif Kapadia is nearly as dynamic as the man himself, with more than enough revving engines and last minute passes to satisfy your lust for speed and a decent helping Ayrton’s famous personality as well. Senna was a champion, driven to win even as the sometimes-backhanded politics of the racing world stood in his way. A tragic figure, maybe, but a legend nonetheless. You don’t have to be an F1 fan to appreciate this film, but you may wind up one by the time the credits roll. (1:44) Smith Rafael. (Berkmoyer)

Sholem Aleichem: Laughing in the Darkness This documentary cuts to the chase right at the beginning: yeah, Sholem Aleichem was the guy who wrote the Tevye stories that inspired Fiddler on the Roof. But filmmaker Joseph Dorman isn’t trying to make Fiddler: Behind the Musical. Instead, he takes an in-depth look at the life, writing career, and cultural significance of “one of the great modern Jewish writers — and our greatest Yiddish writer,” per the film’s press notes. Fans of Jewish lit will be particularly engaged by Sholem Aleichem’s tale; raised in a shtetl in what’s now the Ukraine, he moved around Europe and to the United States pursuing various careers, but always writing the popular stories that addressed not just Jewish life, but broader issues facing turn-of-the-last-century Jews, including the cross-generational conflicts that make up much of Fiddler‘s plot and humor. That said, this film does rely an awful lot on PBS-style slow pans over black-and-white photos and intellectual talking heads; one suspects the subject himself (so devoted was he to entertaining the regular folk who gobbled up his tales) would’ve preferred his life story to unfold in a livelier fashion. (1:33) (Eddy)

*Shut Up Little Man! An Audio Misadventure Once upon a time (1987 to be exact), two young men moved to San Francisco from the Midwest. Eddie Lee “Sausage” and Mitchell “Mitch D” Deprey wound up living in a somewhat derelict apartment in the Lower Haight. The paint was peeling and the walls were thin, but the rent was cheap. What Eddie and Mitch didn’t count on was having Peter J. Haskett and Raymond Huffman as their neighbors. “You blind cocksucker. You wanna fuck with me? You try to touch me and I will kill you in a fucking minute.” “Shut up! Shut up! Shut up! Shut up little man!” The insults, tantrum throwing, and threats of violence coming from next door were constant. Eddie and Mitch started to lose sleep; after one failed attempt at complaining to Raymond’s face (he threatened death), they started tape-recording the endless geyser of vitriol — first, as possible future evidence, but also out of a growing voyeuristic fascination with these two seniors who had to be the world’s oddest and angriest odd couple. The rest is history. Mitch and Eddie started including snippets of Peter and Ray’s bickering on mix tapes for friends. Somehow, the editor of the now-defunct SF noise music zine Bananafish heard a snippet and approached Mitch and Eddie about distributing compilations of the recordings to a large network of found sound fans. Gradually “Peter and Raymond” became known and much-beloved characters. Their warped repartee inspired several theatrical adaptations, short animated films, pages of comic book panels by artists such as Dan Clowes, and even a one-off single from Devo side project the Wipeouters. Matthew Bate’s documentary Shut Up Little Man! An Audio Misadventure is much an attempt to comprehensively recount the above long, strange trip from start to finish; it is also the newest chapter in the now 20-year saga of Peter, Raymond, Mitch, and Eddie. (1:30) Roxie. (Sussman)

30 Minutes or Less In some ways, 30 Minutes or Less is reminiscent of 2008’s Pineapple Express: both are stoner action comedies about normal people shoved into high-stakes criminal activity. But while Pineapple Express was an exciting addition to the genre, 30 Minutes or Less is a flimsy 80-minute diversion that still feels like a waste of time. Jesse Eisenberg plays Nick, a pizza delivery boy who is forced to rob a bank after two would-be criminals strap a bomb to his chest. Strangely, Eisenberg was more charming as Mark Zuckerberg in The Social Network (2010) — and his buddy Chet (Aziz Ansari) doesn’t exactly up the likability factor. There’s actually the potential for an interesting story here: something darker seems appropriate, given that 30 Minutes or Less was inspired by a true story with a very unhappy ending. But the film completely fumbles, delivering an action comedy that’s neither tense nor funny. That means the pizza’s free, right? (1:29) (Peitzman)

The Tree of Life Mainstream American films are so rarely adventuresome that overreactive gratitude frequently greets those rare, self-conscious, usually Oscar-baiting stabs at profundity. Terrence Malick has made those gestures so sparingly over four decades that his scarcity is widely taken for genius. Now there’s The Tree of Life, at once astonishingly ambitious — insofar as general addressing the origin/meaning of life goes — and a small domestic narrative artificially inflated to a maximally pretentious pressure-point. The thesis here is a conflict between “nature” (the way of striving, dissatisfied, angry humanity) and “grace” (the way of love, femininity, and God). After a while Tree settles into a fairly conventional narrative groove, dissecting — albeit in meandering fashion — the travails of a middle-class Texas household whose patriarch (a solid Brad Pitt) is sternly demanding of his three young sons. As a modern-day survivor of that household, Malick’s career-reviving ally Sean Penn has little to do but look angst-ridden while wandering about various alien landscapes. Set in Waco but also shot in Rome, at Versailles, and in Saturn’s orbit (trust me), The Tree of Life is so astonishingly self-important while so undernourished on some basic levels that it would be easy to dismiss as lofty bullshit. Its Cannes premiere audience booed and cheered — both factions right, to an extent. (2:18) (Harvey)

*The Trip Eclectic British director Michael Winterbottom rebounds from sexually humiliating Jessica Alba in last year’s flop The Killer Inside Me to humiliating Steve Coogan in all number of ways (this time to positive effect) in this largely improvised comic romp through England’s Lake District. Well, romp might be the wrong descriptive — dubbed a “foodie Sideways” but more plaintive and less formulaic than that sun-dappled California affair, this TV-to-film adaptation displays a characteristic English glumness to surprisingly keen emotional effect. Playing himself, Coogan displays all the carefree joie de vivre of a colonoscopy patient with hemorrhoids as he sloshes through the gray northern landscape trying to get cell reception when not dining on haute cuisine or being wracked with self-doubt over his stalled movie career and love life. Throw in a happily married, happy-go-lucky frenemy (comic actor Rob Brydon) and Coogan (TV’s I’m Alan Partridge), can’t help but seem like a pathetic middle-aged prick in a puffy coat. Somehow, though, his confused narcissism is a perverse panacea. Come for the dueling Michael Caine impressions and snot martinis, stay for the scallops and Brydon’s “small man in a box” routine. (1:52) (Devereaux)

The Whistleblower (1:58) Smith Rafael.

*!Women Art Revolution Bay Area artist and filmmaker Lynn Hershman Leeson’s vibrant look back at the first waves of feminist art in the ’60s and ’70s is an extremely necessary and impassioned recounting of a history that perpetually seems to be on the edge of erasure. Mixing old and new interviews with artists, critics, and scholars — many of which are from Hershman Leeson’s own personal archive — !W.A.R. lets those who stood at the frontlines of one the most significant movements in contemporary art tell their own stories. Seeing and hearing the testimonies of the likes of Yoko Ono, Cindy Sherman, B. Ruby Rich, Judy Chicago, Carolee Scheeman, Rachel Rosenthal, and Ingrid Sischy, one after another, is dazzling — like being in the presence of an Olympian summit — even as their overlapping tales of pushback, casual misogyny and outright ridicule from critics, the art establishment, and in some cases, their colleagues, paint a damning picture of just how endemic sexism was, and as the need for a film such as !WAR attests to, in many ways still is. (1:23) (Sussman)

 

The real Leland Yee

53

tredmond@sfbg.com

It’s early January 2011, and the Four Seas restaurant at Grant and Clay is packed. Everyone who is anyone in Chinatown is there — and for good reason. In a few days, the Board of Supervisors is expected to appoint the city’s first Asian mayor.

The rally is billed as a statement of support for Ed Lee, the mild-mannered bureaucrat and reluctant mayoral hopeful. But that’s not the entire — or even, perhaps, the central — agenda.

Rose Pak, who describes herself as a consultant to the Chinese Chamber of Commerce but who is more widely known as a Chinatown powerbroker, is the host of the event. She stands in front of the room, takes the microphone, and, in Cantonese, delivers a remarkable political speech.

According to people in the audience, she says, in essence, that the community has come out to celebrate and support Ed Lee — but that’s just the start. She also urges them not just to promote their candidate — but to do everything possible to prevent Leland Yee from becoming mayor.

She continues on for several minutes, lambasting Yee, the state Senator who lived in Chinatown as a child, accusing him of about every possible political sin — and turning the Lee rally into an anti-Yee crusade. And nobody in the crowd seems terribly surprised.

Across Chinatown, from the liberal nonprofits to the conservative Chamber of Commerce, there’s a palpable fear and distrust of the man who for years has been among San Francisco’s most prominent Asian politicians — and who, had Lee not changed his mind and decided to run for a full term this fall, was the odds-on favorite to become the city’s first elected Chinese mayor.

The reasons for that fear are complex and say a lot about the changing politics of Asian San Francisco, the power structure of a city where an old political machine is making a bold bid to recover its lucrative clout — and about the career of Yee himself.

Senator Leland Yee is a political puzzle. He’s a Chinese immigrant who has built a political base almost entirely outside of the traditional Chinatown community. He’s a politician who once represented a deeply conservative district, opposed tenant protections, voted against transgender health benefits and sided with Pacific Gas and Electric Co. on key environmental issues — and now has the support of some of the most progressive organizations in the city. He’s taken large sums of campaign money from some of the worst polluters in California, but gets high marks from the Sierra Club.

His roots are as a fiscal conservative — yet he’s been the only Democrat in Sacramento to reject budget compromises on the grounds that they required too many spending cuts.

He’s grown, changed, and developed his positions over time. Or he’s become an expert at political pandering, telling every group exactly what it wants to hear. He’s the best chance progressives have of keeping the corrupt old political machine out of City Hall — or he’s a chameleon who will be a nightmare for progressive San Francisco.

Or maybe he’s a little bit of all of that.

 

Leland Yin Yee was born in Taishan, a city in China’s Guangdong province on the South China Sea. The year was 1948; Mao Zedong’s Communist Party of China had taken control of much of the countryside and was moving rapidly to take the major cities. The nationalist army of General Chiang Kai-Shek was falling apart, and Yee’s father, who owned a store, decided it was time for the family to leave.

The Yees made it to Hong Kong, and since Mee G. Yee had previously lived in the United States and served in the U.S. Army during World War II, he was ultimately able to move the family to San Francisco. In 1951, the three-year-old Leland Yee arrived in Chinatown.

For four years, Yee lived with his sister and mother in a one-room apartment with a shared bathroom while his father worked as a sailor in the merchant marine. It was, Yee recalled in a recent interview, a tight, closed, and largely self-sufficient community.

“The movie theater, the shoe store, the barber shop, food — everything you needed you could get in Chinatown,” Yee said. “You never had to leave.”

Of course, after a while, Yee and his mom started to venture out, down Stockton Street to Market, where they’d shop at the Emporium, the venerable department store. “It was like walking into a different country,” he said. “If you didn’t know English, they didn’t have time for you.”

Yee, like a lot of young Chinese immigrants of his era, put much of his time into his studies — in the San Francisco public schools and in a local Chinese school. “My mom spoke a village dialect, and we had to learn Cantonese,” he said. “Every little kid had to go to Chinese school. We hated it.”

When Yee was eight, his parents managed to buy a four-unit building on Dolores Street, and the family moved to the Mission, where he would spend not only the rest of his childhood but much of his early adult life. He graduated from Mission High School, enrolled in City College, studied psychology and after two years won admission to UC Berkeley.

Berkeley in 1968 was a very different world from Chinatown and even the relatively controlled environment he’d experienced at home in the Mission. “You didn’t protest in school. You’d have been sent home, and your mother would kill you,” he said.

At Berekely, all hell was breaking loose, with the antiwar protests, the People’s Park demonstrations, the campaign to create a Third World College (which led to the first Ethnic Studies Department), and a general attitude of mistrust for authority. “I developed a sense of activism,” Yee said. “I realized I could speak out.”

That spirit quickly vanished when Yee lost faith in some of his fellow activists. “People would work with us, then get into positions of power and use that against you,” he recalled. “A lot of my friends said ‘forget it.’ I left the scene.”

Yee once again devoted his energy to school, earning a masters at San Francisco State University and a Ph.D in child psychology from the University of Hawaii. Along the way, he met his wife, Maxine.

With his new degree, the Yees moved back to San Francisco — and back in with his parents at the Dolores property, where he, Maxine and a family that would grow to four kids would live for more than a decade.

 

Yee worked as a child psychologist for the San Francisco Department of Public Health, starting the city’s first high school mental-health clinic. He went on to become a child psychologist at the Oakland Unified School District, then joined a nonprofit mental health program in San Jose.

In 1986, Yee decided to get active in politics for the first time since college, and ran for the San Francisco School Board. He lost — and that would be the only election he would ever lose. In 1988, he won a seat, and established himself as an advocate for students of color, fighting school closures in minority neighborhoods. He also tried to get the district to modify its harsh disciplinary rules, arguing against mandatory expulsions.

On fiscal issues, though, Yee was a conservative. For his first term, despite the brutal cutbacks of the recession of the late 1980s and early 1990s, he insisted that the district make do with the money it had. His solution to the red ink: Cut waste. Only in 1992, when he was up for re-election, did he acknowledge that the district needed more cash; at that point, he supported a statewide initiative to tax the rich to bring money to the schools.

The sense of fiscal conservatism — of holding the line on taxes, but mandating open and fair contracting procedures and tight financial controls — was a hallmark of much of his political career. When the Guardian endorsed him for re-election to the board in 1992, we wrote that “there’s real value in his continuing vigilance against administrative fat and favoritism in contracts.”

Over the next four years, Yee worked with then-Superintendent Waldemar “Bill” Rojas, a deeply polarizing figure who pushed his own personal theory of “reconstitution” — firing all the staff at low-performing schools — and later was enmeshed in a scandal that led to prison time for a contractor he’d hired. Yee told me he was the only board member to vote against hiring Rojas, but people who were watching the board closely back then say he didn’t always stand up to the superintendent.

He also became what some say was a bit too close with Tim Tronson, a consultant hired by the district as a $1,000-a-day facilities consultant. Tronson wound up getting indicted on 22 counts of grand theft, embezzlement, and conspiracy in a scheme to steal $850,000 from the schools, and was sentenced to four years in state prison.

In 1998, when some school board members wanted to build housing for teachers on property that the district owned in the Sunset, Yee led the opposition — with Tronson’s help. At one meeting at Sunset Elementary School, Yee went so far as to say, according to people present, that “Tim Tronson is my man, and I rely on him for advice.”

Yee acknowledged that he worked closely with Tronson to defeat that housing project. “He was the facilities manager,” Yee explained, “and I said that I trusted his judgment.”

 

Yee has either a great sense of political timing or exceptional luck. He ran for the Board of Supervisors in 1996, facing one of the weakest fields in modern San Francisco history. He was the only Chinese candidate and one of just two Asians (the other, appointed incumbent Michael Yaki, barely squeaked to re-election). In an at at-large election with the top five winning seats, Yee came in third, with 103,000 votes.

He was never a progressive supervisor. In 2000, the Guardian ranked the good votes of what we referred to as Willie Brown’s Board, and Yee scored only 43 percent. He was against campaign finance reform. He supported the brutal gentrification and community displacement represented by the Bryant Square development. He voted to kill a public-power feasibility study and opposed the Municipal Utility District initiative. He opposed a moratorium on uncontrolled live-work development.

In 2002, Yee was one of only three supervisors to oppose Proposition D, a crucial public-power measure that would have broken up PG&E’s monopoly in the city. He stood with PG&E (and then-Sups. Tony Hall and Gavin Newsom) in opposition to the measure, then signed a pro-PG&E ballot argument packed with PG&E lies.

When I asked him about that stand, Yee at first didn’t recall opposing Prop. D, but then said he “stood with labor” on the issue. In fact, the progressive unions didn’t oppose Prop. D at all; the opposition was led by PG&E’s house union, IBEW Local 1245.

Yee was particularly bad on tenant issues. He not only voted to deny city funding for the Eviction Defense Collaborative, which helped low-income tenants fight evictions; he actually tried to get the city to put up money for a free legal fund to help landlords evict their tenants. He opposed a ballot measure limiting condo conversions. He opposed a measure to limit the ability of landlords to pass improvement costs on to their tenants.

In 2001, Yee voted to uphold a Willie Brown veto of legislation to limit tenancies in common, a backdoor way to get around the city’s condo conversion ordinance. Only Hall and Newsom, then the most conservative supervisors on the board, joined Yee. At one point, he started asking whether the city should consider repealing rent control.

He opposed an affordable housing bond in 2002, joining the big landlord groups in arguing that it would raise property taxes. Every tenant group in town supported the measure, Proposition B; every landlord group opposed it.

I asked Yee about his tenant record, and he told me that he now supports rent control. But he said that he was always on the side of homeowners and small landlords, and that property ownership was central to Chinese culture. “I was responding to the Chinese community and the West Side,” he said.

He wasn’t much of an environmentalist, either — at least not in today’s terms. He was one of the only city officials to support a “Critical Car” rally in 1999, aimed at promoting the rights of vehicle drivers (and by implication, criticizing Critical Mass and the bicycle movement).

His record on LGBT issues was mixed. While he supported a counseling program for queer youth when he was on the school board, he also supported JROTC, angering queer leaders who didn’t want a program in the public schools run by, and used as a recruiting tool for, the military, which at that point open discriminated against gay and lesbian people.

 

 

Yee was also one of only two supervisors who voted in 2001 against extending city health benefits to transgender employees.

That was a dramatic moment in local politics. Nine votes were needed to pass the measure, and while eight of the supervisors were in favor, Yee and Hall balked. At one point, Board President Tom Ammiano had to direct the Sheriff’s Office to go roust Sup. Gerardo Sandoval, who was ducking the issue in his office, to provide the crucial ninth vote.

Yee didn’t just vote against the bill. According to one reliable source who was there at the time, Yee spoke to a community meeting out on Ulloa Street in the Sunset and berated his colleagues, quipping that the city should have better things to do than “spend taxpayer money on sex-change operations.”

It was a bit shocking to trans people — Yee had, over the years, befriended some of the most marginalized members of what was already a marginalized community. “There was one person at the rail crying, saying ‘Leland, how could you do this to us,'” Ammiano recalled.

The LGBT community was furious with Yee. “I didn’t speak to him for at least a year,” Gabriel Haaland, one of the city’s most prominent transgender activists, told me.

Yee now says the vote was a mistake — but at the time, he told me, he was under immense pressure. When he voted for the queer youth program, he said, “the elders of the Chinese community ripped me apart. They called my mother’s friends back in the village [where he was born] and said her son was embarrassing the Chinese community.”

That must have been difficult — and he said that “if I had known the pain I had caused, I wouldn’t have voted that way.” But it was hard to miss that pain his vote caused.

On the other hand, people learn from their experiences, attitudes evolve, we all grow up and get smarter, and the way Yee describes it, that’s what happened to him.

In 2006, when he was running for state Senate, Yee met with a group of trans leaders and formally — many now say sincerely — apologized. It was an important gesture that made a lot of his critics feel better about him.

“He didn’t have to do that,” Haaland said. “People change, and he paid for his crime, and that’s genuine enough for me.”

As a former school board member, Yee kept an interest in the schools — but not always a healthy one. At one point, he actually proposed splitting SFUSD into two districts, one on the (poorer) east side of town and one on the (richer) west. “We strongly opposed that,” recalled Margaret Brodkin, who at the time ran Coleman Advocates for Children and Youth. “Eventually he dropped the idea.”

For all the problems, in his time on the Board of Supervisors, Yee developed a reputation for independence from the Brown Machine, which utterly dominated much of city politics in the late 1990s. His weak 43 percent rating on the Guardian scorecard was actually third-best among the supervisors, after Ammiano and the late Sue Bierman.

In 1998, he was one of the leaders in a battle to prevent the owners of Sutro Tower from defying the city’s zoning administrator and placing hundreds of new antennas on Sutro Tower. He, Bierman, and Ammiano were the only supervisors opposing Brown’s crackdown on homeless people in Union Square.

When he ran in the first district elections, in 2000, against two opponents who had Brown’s support and big downtown money, the Guardian endorsed him, noting that while he “can’t be counted on to support worthy legislation … He’s one of only two board members who regularly buck the mayor on the big issues.”

(He never liked district elections, and used to take any opportunity to denounce the system, at times forcing Ammiano to use his position as president to tell Yee to quit dissing the electoral process and get to the point of his speech.)

 

In 2002, the westside state Assembly district seat opened up, and both Yee and his former school board colleague Dan Kelly ran in the Democratic primary. Yee won, and went on to win the general election with only token opposition.

His legislative record in the Assembly wasn’t terribly distinguished. Yee never chaired a policy committee — although he did win a leadership post as speaker pro tem. And he cast some surprisingly bad votes.

In 2003, for example, then-Assemblymember Mark Leno introduced a bill that would have exempted single-room occupancy hotels from the Ellis Act, which allows landlords to evict tenants for no reason. Yee refused to vote for the bill. Leno was furious — he was one vote short of a majority and Yee’s position would have doomed the bill. At the last minute, a conservative Republican who had grown up in an SRO hotel voted in favor.

When he ran for re-election in 2004, we noted: “What’s Leland Yee doing up in Sacramento? We can’t figure it out — and neither, as far as we can tell, can his colleagues or constituents. He’s introduced almost no significant bills — compared, for example, to Assemblymember Mark Leno’s record, Yee’s is an embarrassment. The only high-profile thing he’s done in the past several years is introduce a bill to urge state and local governments to allow feng shui principles in building codes.”

In 2006, Yee decided to move up to the state Senate, and he won handily, beating a weak opponent (San Mateo County Supervisor and former San Francisco cop Mike Nevin) by almost 2-1. His productivity increased significantly in the upper chamber — and in some ways, he moved to the left. He’s begun to support taxes — particularly, an oil severance tax — and when I’ve questioned him, he somewhat grudgingly admits that Prop. 13 deserves review.

He’s done some awful stuff, like trying to sell off the Cow Palace land to private developers. But he has consistently been one of the best voices in the Legislature on open government, and that’s brought him some national attention.

Yee has been a harsh critic of spending practices and secrecy at the University of California, and when UC Stanislaus refused in 2010 to release the documents that would show how much the school was paying Sarah Palin to speak at a fundraiser, Leland flew into action. He not only blasted the university and introduced legislation to force university foundations to abide by sunshine laws; he worked with two Stanislaus students who had found the contract in a dumpster and made headlines all over the country.

He’s fought for student free speech rights and this year pushed a bill mandating that corporations that get tax breaks for job creation prove that they’ve actually created jobs — or pay the tax money back. He’s also won immense plaudits from youth advocates and criminal justice reformers for his bill that would end life-without-parole sentences for offenders under 18.

Along the way, he compiled a 100 percent voting record from the major labor unions, including the California Nurses Association and SEIU, and with the Sierra Club. All three organizations have endorsed him for mayor.

Yee told me that he thinks he’s become more progressive over the years. “My philosophy has shifted,” he said.

Yet when you talk to his colleagues in Sacramento, including Democrats, they aren’t always happy with him. Yee has a tendency to be a bit of a loner — he’s never chaired a policy committee and in some of the most bitter budget fights, he’s refused to go along with the Democratic majority. Yee insists that he’s taken principled stands, declining to vote for budget bills that include deep service cuts. But the reality in Sacramento is that budget bills have until this year required a two-thirds vote, meaning two or three Republicans have had to accept the deal — and losing a Democratic vote has its cost.

“You have to give up all sorts of things, make terrible compromises, to get even two Republicans,” one legislative insider told me. “When a Democrat goes south, you have to find another Republican, and give up even more.”

In other words: It’s easy to take a principled stand, and make a lot of liberal constituencies happy, when you aren’t really trying to make the state budget work.

 

I met Rose Pak on a July afternoon at the Chinatown Hilton. She brought along her own loose tea, in a paper package; the waitress, who clearly knew the drill, took it back to the kitchen to brew. Pak and I have not been on the greatest of terms; she’s called the Guardian all kinds of names, and I’ve had my share of critical things to say about her. But on this day, she was polite and even at times charming.

After we got the niceties out of the way (she told me I was unfair to her, and I told her I didn’t like the way she and Willie Brown played politics), we started talking about Yee. And Pak (unlike some people I interviewed for this story) was happy to speak on the record.

She told me Yee had “no moral character.” She told me she couldn’t trust him. She told me a lot of stories and made a lot of allegations that we both knew neither she nor I could ever prove.

Then we got to talking about the politics of Chinatown and Asians in San Francisco, and a lot of the animosity toward Yee became more clear.

For decades, Chinatown and the institutions and people who live and work there have been the political center of the Chinese community. Nonprofits like the Chinatown Community Development Center have trained several generations of community organizers and leaders. The Chinese Chamber of Commerce, the Six Companies, and other business groups have represented the interests of Chinese merchants. And while the various players don’t always get along, there’s a sense of shared political culture.

“In Chinatown,” Gordon Chin, CCDC’s director, likes to say, “it’s all about personal connections.”

There’s a lively infrastructure of community-service programs, some of which get city money. There’s also a sense that any mayor or supervisor who wants to work with the Chinese community needs to at least touch base with the Chinatown establishment.

Yee doesn’t do that. “He doesn’t give a shit about them,” David Looman, a political consultant who has worked with many Chinese candidates over the years, told me.

Yee’s Asian political base is outside of Chinatown; he told me he sees himself representing more of the Chinese population of the Sunset and Richmond and the growing Asian community in Visitacion Valley and Bayview.

Pak is connected closely to Brown, who Yee often clashed with. For Pak, Brown, and their allies, strong connections to City Hall mean lucrative lobbying deals and public attention to the needs of Chinatown businesses. Then there’s the nonprofit sector.

CCDC and other nonprofits do important, sometimes crucial work, building and maintaining affordable housing, taking care of seniors, fighting for workers rights, and protecting the community safety net. Yee, Pak said, “has never shown any interest in our local nonprofits. We all work together here, and he doesn’t seem to care what we do.” Yee told me he has no desire to see funding cut for any critical social services in any part of town. But he has also made no secret of the fact that he questions the current model of delivering city services through a large network of nonprofits, some of which get millions of taxpayer dollars. And the way Pak sees it, all of that — the nonprofits, the business benefits, the contracts — are all at risk. “If Leland Yee is elected mayor,” she told me, “we are all dead.”

I ran into an old San Francisco political figure the other day, a man who has been around since the 1970s, inside and outside of City Hall, who remains an astute observer of the players and the power relationships in the local scene. At the time we talked, he wasn’t supporting any of the mayoral candidates, but he had a thought for me. “This town,” he said, “is being taken over by a syndicate. Willie Brown is the CEO, and Rose Pak is the COO, and it’s all about money and influence.”

That’s not a pleasant thought — I’ve lived through the era of political machine dominance in this town, and it was awful. In the days when Brown ran San Francisco, politics was a tightly controlled operation; only a small number of people managed to get elected to office without the support of the machine. Developers made land-use policy; gentrification and displacement were rampant; corruption at City Hall turned a lot of San Franciscans off, not only to the political process but to the whole notion that government could be a positive force in society.

A few years ago, I thought those days were over — and to a certain extent, district elections will always make machine politics more difficult. But when I see signs of the syndicate popping up — and I see a candidate like Ed Lee, who’s close friends with Brown, leading the Mayor’s Race — it makes me nervous. And for all his obvious flaws, at least Leland Yee isn’t part of that particular operation. If there’s a better reason to vote for him, I don’t know what it is.

YEE HOME PURCHASE RAISES SUSPICIONS

Rose Pak has a question about Leland Yee. “How,” she asked me, “did the guy manage to buy a million-dollar house on a $30,000 City Hall salary?”

Pak isn’t the only one asking — numerous media reports over the years have examined how Yee raised a family of four and bought a house in the Sunset on very little visible income. And while I’m not usually that interested in the personal finances of political candidates, I decided that it was worth a look.

Here’s what I found: Public records show that in July 1999, Yee and his wife, Maxine, purchased a house on 24th Avenue for $875,000 (it’s now assessed at slightly more than $1 million). At the time, Yee was a San Francisco supervisor, earning a little more than $30,000 a year. (The salary of the supervisors was raised dramatically shortly after Yee left the board and went to the state Assembly.) His wife wasn’t working. And his economic interest statements for that period show no other outside earnings. So the disposable, after-tax income of the entire Yee family couldn’t have been much more than $25,000.

That, by any normal standard, shouldn’t have been enough to float a mortgage that, records show, totaled $516,000. In fact, the interest payments alone on that mortgage alone would total $3,600 a month — more than Yee’s gross income.

Documents in the Assessor’s Office show another paper trail, too. In 1989, Jung H. Lee, Yee’s mother, transferred the deed on a four-unit Dolores St. building where the family had been living to Maxine and Leland Yee — for no money. And a few months before the Yees bought the Sunset house, they took out a $320,000 home-equity loan on that property. That was the down payment on the Sunset property.

Still: At that point, the Yees would have been paying off two mortgages, with a total nut of about $5,000 a month — and supporting four kids, in San Francisco. In 2002, Yee’s economic interest statement’s show some modest income from teaching at Lincoln University — but nowhere near enough to pay that level of expenses.

What happened? Yee explains it this way: “For more than 10 years, we were living rent-free in my parents’ property,” he told me I an interview. “We were a close Chinese family, and my parents provided the food and helped pay for the children’s clothing. So we had almost no expenses and we lived very frugally.”

During that period, Yee was working for the San Francisco Department of Public Health, the Oakland Unified School District, and a San Jose nonprofit, earning, he said, between $50,000 and $90,000 a year. If he saved almost all of that money, he would have had more than a half-million dollars in the bank when he bought the Sunset house.

There’s nothing on any of his economic disclosure forms showing any ownership of stocks or other reportable financial interests during that period, so he wasn’t investing the money. In fact, he says, it was, and is, all in simple savings accounts. A bit unusual for that large a sum of money.

How did he get a mortgage? “Back then,” he said, “banks were willing to lend a lot more freely than they do today.”

Starting in 2003, Yee was in the state Assembly, making a higher salary — but still not much in excess of $100,000 a year. After taxes, he was probably taking home about $75,000 — and $60,000 was going to the two mortgages.

How did he do it? “We have been supplementing our income with our savings,” he said. “We don’t take vacations, we are very careful with our money.” And they clearly aren’t desperate for cash — Yee’s daughter occupies two of the four units in the Dolores St. building they own, but the other two units are vacant.

It’s possible. It’s plausible. But I don’t blame people for wondering how he managed to pull it off. (Tim Redmond, with research assistance by Oona Robertson) 

 

 

 

BIG CORPORATIONS HAVE BACKED YEE

Yee became a prodigious fundraiser in Sacramento — and a lot of the money came from big corporations that had business in the Legislature. And while he has perfect scores from the Sierra Club and the big labor unions, he’s taken tens of thousands of dollars from some of the biggest corporations, agribusiness interests, and polluters in the state. And at times, he’s voted their way.

Since 1993, for example, campaign finance records show Yee has taken more than $20,000 from Chevron, ExxonMobil, Valero, Conoco Phillips, and BP. He’s received another $22,450 from the chemical industry (and industry employees). Most of it came from Clorox, Dow Chemical, and Dupont.

And while the Sierra Club may not have considered it a priority, Sen. Mark Leno has worked hard to pass a bill limiting chemical fire retardants in furniture. In 2008, Yee voted against Leno’s AB 706.

That year he also refused to support a bill that would prohibit the use of the chemical diacetyl in workplaces. The industries that opposed AB 514 (including Bayer, Abbott Laboratories, Pfizer, and Johnson & Johnson) have given Yee a total of more than $60,000.

In 2003, Yee voted against a crucial tenant bill, one that would have prevented the owners of single room occupancy hotels from using the Ellis Act to evict tenants. He received a campaign check for $2,500 from the San Francisco Apartment Association the next day. Landlords in general have given Yee close to $40,000.

Then there’s agribusiness. Yee gets a lot of money from the farming industry, despite the fact that there obviously aren’t many farms in his district. Why, for example, would the California Poultry Association, the California Cattlemen’s Association, and the California Farm Bureau give him money? The Poultry Association’s Bill Mattos told us that Yee “has taken a keen interest in California’s poultry industry.”

Yee also took immense flak from the San Francisco Chronicle and other papers over a 2003 vote against a bill to limit emissions from farm vehicles. In an editorial, the paper wrote that he was “doing dirty work for the lobbyists.” In the end, under immense public pressure, he switched positions and voted for the bill. I asked Yee about all that money from all those bad operators, and he told me — as most politicians will — that campaign cash has never influenced any of his votes.

So why do all these groups give him money? “It’s about whether you will sit down and listen,” Yee said. “I will talk to all sides and at least consider the arguments as a thoughtful human being. Then I vote my conscience.” (Tim Redmond, with research by Oona Robertson) 

Film Listings

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OPENING

Brighton Rock Writer Rowan Joffe (2010’s The American) moves into the director’s chair for this Graham Greene adaptation, previously filmed in 1947 with an early-career star turn by Richard Attenborough. Joffe’s version updates Greene’s 1938 story to 1964, allowing the brutal actions of small-time hood Pinkie Brown to unfold as Britain’s mods vs. rockers youth riots boil in the background. Don’t get too excited, though — despite a cool premise and even cooler setting, and the presence of veterans Helen Mirren and John Hurt in supporting roles, Brighton Rock rages without a rudder. Pinkie is played by Sam Riley (so good as Ian Curtis in 2007’s Control), who snarls like a sociopathic James Dean and is so transparently hateful it’s hard to root for anything other than his hastened demise. Brighton Rock‘s most memorable element is probably Andrea Riseborough, an on-the-verge young Brit who’s being touted as the next Carey Mulligan. She has the thankless yet showy role of Rose, a naïve waitress who becomes entangled in Pinkie’s web after being in the wrong place at the wrong time. A far-from-storybook ending awaits, and you’ll experience little enjoyment watching the characters claw their way there. (1:51) Embarcadero. (Eddy)

Don’t Be Afraid of the Dark If you’re expecting a traditional haunted house story, Don’t Be Afraid of the Dark might be a disappointment. The film, which was co-written by Guillermo del Toro, has a lot in common with his Pan’s Labyrinth (2006) — both movies are more dark fairy tale than horror. They follow a young girl who discovers a mystical world around her, much to the disbelief of the adults around her. It’s worth noting that Don’t Be Afraid of the Dark is lighter fare: despite all the peril involved, it’s actually pretty fun. Young Bailee Madison, who made such an impression in 2009’s Brothers, is a charming lead, precocious but believable. And Katie Holmes is surprisingly sympathetic in her role as the caring stepmother, a nice switch from the standard fairy tale trope. As with Fright Night, the ad campaign for Don’t Be Afraid of the Dark is misleading, so here’s hoping audience members looking for a gory slasher will appreciate a whimsical fable instead. (1:40) California. (Peitzman)

*The Hedgehog You needn’t possess the rough, everyday refinement of the characters of The Hedgehog to appreciate this debut feature by director-screenwriter Mona Achache — just an appreciation for a delicate touch and a tender heart. Eleven-year-old Paloma (the wonderful Garance Le Guillermic) is too smart for her own good, bored, neglected by her parents, and left to fend for herself with only her considerable imagination and a camcorder. She drifts around her fishbowl of privilege, a deluxe art nouveau-style apartment building in Paris, leveling her all-too-wise gaze on its denizens and plotting certain suicide on her 12th birthday — that is until a new resident appears in her viewfinder: a kindly Japanese gentleman Kakuro Ozu (Togo Igawa). He has as much of a connoisseur’s eye as Paloma — the proof is in his unlikely focus of attention, the building’s concierge Renée Michel (Josiane Balasko, resembling a burly Gertrude Stein), who hides her cultured and bookish inclinations behind a gruff, drab exterior. They recognize in each other a reverence for an almost monkish life of the mind, the austere elegance of wabi-sabi, and the transient beauty of rough-hewn imperfection, even in the sleek, well-heeled heart of the City of Light. To the credit of Achache, working with Muriel Barbery’s novel, these unlikely fragile friendships between outsiders take hold in a way that sidesteps preciousness and stays with you long after its pages have turned. (1:40) Clay, Shattuck, Smith Rafael. (Chun)

Motherland When Raffi Tang (Francoise Yip) learns of her estranged mother’s death, the prodigal-daughter returns to her hometown, San Francisco, only to discover that nothing is as first supposed. Forced to contend with the protracted legal battle between her late mother and re-married father (Kenneth Tsang) as well as an incompetent (and poorly acted) police detective (Jason Payne), Tang drifts, looking distracted, lost, and maybe vaguely concerned throughout the first two thirds of the film. Yip does little to enliven a flat script rife with stock phrases and worn cinematic conventions, and while her emotional distance seems genuine, it’s boring nonetheless. Motherland is, to its credit, an angry movie — director Doris Yeung drew on her own experience with the murder of her mother — but the rage fizzles when it finally does erupt, smothered by uninspired acting and a directionless screenplay. (1:33) Four Star. (Cooper Berkmoyer)

Our Idiot Brother Paul Rudd is the ne’er-do-well sibling to Emily Mortimer, Elizabeth Banks, and Zooey Deschanel. (1:36) Presidio.

*Shut Up Little Man! An Audio Misadventure Once upon a time (1987 to be exact), two young men moved to San Francisco from the Midwest. Eddie Lee “Sausage” and Mitchell “Mitch D” Deprey wound up living in a somewhat derelict apartment in the Lower Haight. The paint was peeling and the walls were thin, but the rent was cheap. What Eddie and Mitch didn’t count on was having Peter J. Haskett and Raymond Huffman as their neighbors. “You blind cocksucker. You wanna fuck with me? You try to touch me and I will kill you in a fucking minute.” “Shut up! Shut up! Shut up! Shut up little man!” The insults, tantrum throwing, and threats of violence coming from next door were constant. Eddie and Mitch started to lose sleep; after one failed attempt at complaining to Raymond’s face (he threatened death), they started tape-recording the endless geyser of vitriol — first, as possible future evidence, but also out of a growing voyeuristic fascination with these two seniors who had to be the world’s oddest and angriest odd couple. The rest is history. Mitch and Eddie started including snippets of Peter and Ray’s bickering on mix tapes for friends. Somehow, the editor of the now-defunct SF noise music zine Bananafish heard a snippet and approached Mitch and Eddie about distributing compilations of the recordings to a large network of found sound fans. Gradually “Peter and Raymond” became known and much-beloved characters. Their warped repartee inspired several theatrical adaptations, short animated films, pages of comic book panels by artists such as Dan Clowes, and even a one-off single from Devo side project the Wipeouters. Matthew Bate’s documentary Shut Up Little Man! An Audio Misadventure is much an attempt to comprehensively recount the above long, strange trip from start to finish; it is also the newest chapter in the now 20-year saga of Peter, Raymond, Mitch, and Eddie. (1:30) Roxie. (Sussman)

*!Women Art Revolution Bay Area artist and filmmaker Lynn Hershman Leeson’s vibrant look back at the first waves of feminist art in the ’60s and ’70s is an extremely necessary and impassioned recounting of a history that perpetually seems to be on the edge of erasure. Mixing old and new interviews with artists, critics, and scholars — many of which are from Hershman Leeson’s own personal archive — !W.A.R. lets those who stood at the frontlines of one the most significant movements in contemporary art tell their own stories. Seeing and hearing the testimonies of the likes of Yoko Ono, Cindy Sherman, B. Ruby Rich, Judy Chicago, Carolee Scheeman, Rachel Rosenthal, and Ingrid Sischy, one after another, is dazzling — like being in the presence of an Olympian summit — even as their overlapping tales of pushback, casual misogyny and outright ridicule from critics, the art establishment, and in some cases, their colleagues, paint a damning picture of just how endemic sexism was, and as the need for a film such as !WAR attests to, in many ways still is. (1:23) Lumiere, Shattuck. (Sussman)

ONGOING

*The Arbor An audaciously conceived and genuinely haunting chronicle of a family, The Arbor reinvents two of the most debased forms of nonfiction film: the venerating portrait of an artist who died young and the voyeuristic confession of abuse. The locus here is the short, bottle-strewn life of Andrea Dunbar, a brilliant playwright whose work distilled the manners and speech of the West Yorkshire housing projects. The Arbor effectively stages some of this work in a park near the same apartments, but the project’s focus is Dunbar’s shambling private life and its devastating effect on friends, lovers, and daughters. Our emotions are strained by their collective fury and grief, but never cheated. Curiously, Clio Barnard accomplishes this by being up front in her manipulations. After collecting interviews with the key players, she cast actors to lip sync the answers — that is, the voices are documentary while the images are staged, an uncanny effect that becomes even more so when Barnard stitches together responses to narrate a single event. The technique is eerie and literally disembodying. In the same way that one affected by trauma may experience a separation from his or her self, so the image of the actor speaking comes unglued from the “real” voice — and so too is there a crucial hesitation in our assigning authenticity to a single, undivided subject. There are shades of Greek tragedy in The Arbor‘s patient, distanced unfolding of its characters’ fates. The speakers are imagined as a chorus, and though the drama is offscreen, long since buried, the pain still lives. (1:34) Roxie. (Goldberg)

*Beginners There is nothing conventional about Beginners, a film that starts off with the funeral arrangements for one of its central characters. That man is Hal (Christopher Plummer), who came out to his son Oliver (Ewan McGregor) at the ripe age of 75. Through flashbacks, we see the relationship play out — Oliver’s inability to commit tempered by his father’s tremendous late-stage passion for life. Hal himself is a rare character: an elderly gay man, secure in his sexuality and, by his own admission, horny. He even has a much younger boyfriend, played by the handsome Goran Visnjic. While the father-son bond is the heart of Beginners, we also see the charming development of a relationship between Oliver and French actor Anna (Mélanie Laurent). It all comes together beautifully in a film that is bittersweet but ultimately satisfying. Beginners deserves praise not only for telling a story too often left untold, but for doing so with grace and a refreshing sense of whimsy. (1:44) Four Star, Lumiere. (Peitzman)

*Bellflower Picture Two Lane Blacktop (1971) drifters armed with “dude”-centric vocabulary and an obsession with The Road Warrior (1981) and its apocalypse-wow survivalist chic. There are so many pleasures in this janky, so-very-DIY, heavy-on-the-sunblasted-atmosphere indie that you’re almost willing to overlook the clichés, the dead zones, and the annoying characters. Seeming every-dudes Woodrow (director-writer-producer Evan Glodell) and Aiden (Tyler Dawson) are far too obsessed with tricking out their cars and building a flamethrower for their own good — the misfits must force themselves out of the metal shop of the mind to meet women. So when Woodrow goes up against Milly (Jessie Wiseman) in a cricket-eating contest at a bar, it’s love at first bite. Their meet-gross morphs into a road trip and eventually a relationship, while the flamethrower nags, unexplained, in the background, like an unfired gun — or an unconsummated, not-funny bromance. These manifestations of male fantasy — muscle cars, weapons, and tough chicks — are cast in a dreamy, saturated, and burnt-at-the-edges light, as Glodell and company weave together barely articulated reveries and bad-new-west imagery with a kind of fuck-all intelligence, culminating in a finale that will either haunt you with its scattershot machismo-romanticism or leave you scratching your noggin wondering what just happened. (1:46) Sundance Kabuki. (Chun)

Buck This documentary paints a portrait of horse trainer Buck Brannaman as a sort of modern-day sage, a sentimental cowboy who helps “horses with people problems.” Brannaman has transcended a background of hardship and abuse to become a happy family man who makes a difference for horses and their owners all over the country with his unconventional, humane colt-starting clinics. Though he doesn’t actually whisper to horses, he served as an advisor and inspiration for Robert Redford’s The Horse Whisperer (1998). Director Cindy Meehl focuses generously on her saintly subject’s bits of wisdom in and out of a horse-training setting — e.g. “Everything you do with a horse is a dance” — as well as heartfelt commentary from friends and colleagues. In the harrowing final act of the film, Brannaman deals with a particularly unruly horse and his troubled owner, highlighting the dire and disturbing consequences of improper horse rearing. (1:28) Opera Plaza. (Sam Stander)

Captain America: The First Avenger OK, Marvel. I could get behind 2008’s Iron Man (last year’s Iron Man 2, not so much), but after Thor and now Captain America, I’m starting to get cynical about this multi-year build-up to the full-on Avengers movie, due in May 2012. Can even a superhero-stuffed movie directed by Joss Whedon live up to all this hype? There’s plenty of time to ponder, and maybe worry a little, with Captain America’s backstory-explaining picture now in theaters. Chris Evans stars as the 90-pound weakling who morphs into a supersoldier, thanks to the World War II-era tinkerings of a scientist (Stanley Tucci) and an inventor (Dominic Cooper as Howard Stark, a.k.a. Iron Man’s dad). The original plan for the musclebound shield-bearer (fighting Nazis, natch) gets waylaid a bit when the newly famous Captain America becomes a PR prop for the U.S. government; it’s abandoned entirely when a worse-than-Hitler foe, in the guise of power-obsessed Red Skull (Hugo Weaving), threatens the world. Directed by Spielberg cohort Joe Johnston, Captain America is gee-whiz enjoyable enough, but it’s very nearly the same movie as Thor, which no amount of Tommy Lee Jones (as a sarcastic army colonel) wisecracks can conceal. And here’s an anti-spoiler: there’s no post-credits surprise in this one, so you can bolt as soon as they start to roll. (2:09) SF Center, Shattuck. (Eddy)

Conan the Barbarian Neither 3D (unnecessary) nor Jason Momoa (beefcake-y) are enough to make this Conan the Barbarian competition for the 1982 Schwarzenegger classic. This new take is a barely adequate adventure movie helped along by Rose McGowan’s leering turn as an evil witch with Freddy Krueger claws. Would that everyone involved (including frequent remake director Marcus Nispel) had McGowan’s razor-sharp grasp of tone; as a whole, the film is never quite sure if it’s a camp-tastic voyage (the prologue, containing Conan’s birth and much Ron Perlman nostril-flaring, suggests what might have been) or a semi-straightforward fantasy actioner. A totally forgettable female lead (Rachel Nichols), a he-was-scarier-in-Avatar villain (Stephen Lang), a blah mixture of two tired plots (revenge + “chosen one”) — there’s just not a lot here, aside from a few hilarious lines of dialogue and Momoa’s muscles. He was so great in Game of Thrones, though, I suspect this dud won’t keep his career from skyrocketing. (1:42) 1000 Van Ness. (Eddy)

Cowboys and Aliens Here ’tis in a nutshell: the movie’s called Cowboys and Aliens — and that’s exactly, entirely what you’ll get. Director Jon Favreau may never best 2008’s Iron Man (actor Jon Favreau will prob never top 1996’s Swingers, but that’s a debate for another time), but that doesn’t mean he won’t have a good time trying. Cowboys is a genre mash-up in the most literal sense; as the title suggests, it pits Wild West gunslingers (Harrison Ford as a crabby cattleman, Daniel Craig as an amnesiac outlaw) against gold-seeking space invaders who also delight in kidnapping and torturing humans. As stupidly entertaining as it is, this is a textbook example of a pretty OK movie that could have been so much better … if only. If only the alien characters had a little bit more District 9-style personality. If only the story had a shred of suspense — look ye not here for “spooky” and “mysterious;” this shit is 100 percent full-on explosions. If only Craig’s comically fine-tooled physique didn’t outshine his wooden acting. And so forth. (1:58) 1000 Van Ness, SF Center. (Eddy)

Crazy, Stupid, Love Keep the poster’s allusion to 1967’s The Graduate to one side: there aren’t many revelations about midlife crises in this cleverly penned yet strangely flat ensemble rom-com, awkwardly pitched at almost every demographic at the cineplex. There’s the middle-aged romance that’s withered at the vine: nice but boring family man Cal (Steve Carell) finds himself at a hopeless loss when wife and onetime teenage sweetheart Emily (Julianne Moore) tells him she wants a divorce and she’s slept with a coworker (Kevin Bacon). He ends up waxing pathetic at a slick nightclub where he catches the eye of the well-dressed, spray-tanned smoothie Jacob (Ryan Gosling), who appears to have taken his ladies man stance from the Clooney playbook. It’s manly makeover time: GQ meets Pretty Woman (1990)! Cut to Cal and Emily’s babysitter Jessica (Analeigh Tipton), who is crushing out on Cal, while the separated couple’s tween Robbie (Jonah Bobo) hankers for Jessica. Somehow Josh Groban worms his way into the mix as the dullard suitor of Hannah (Emma Stone) in a hanging chad of a storyline that must somehow be resolved in this mad, mad, mad, mad — actually, the problem with Crazy, Stupid, Love is that it isn’t really that crazy. It tries far too hard to please everybody in the theater to its detriment, reminding the viewer of a tidy, episodic TV series (albeit a quality effort) like Modern Family more than an actual film. Likewise I yearned for a way to fast-forward through the too-cute Jessica-Robbie scenes in order to get back to the sleazy-smart, punchy complexity of Gosling, playing adeptly off both Carrell and Stone. (1:58) Marina, 1000 Van Ness, Shattuck, Sundance Kabuki. (Chun)

The Devil’s Double Say hello to my little friend, again— and rest assured, it’s not a dream and you’re seeing double. New Zealand filmmaker Lee Tamahori gets back to his potboiler roots with this campy, claustrophobic look back at the House of Saddam Hussein, based on a true story and designed to win over fans of Scarface (1983) with its portrait of mad excess and deca-dancey ’80s-ish soundtrack. The craziest poseur of all is Hussein’s son Uday (Dominic Cooper), a petty dictator-in-the-making — and, according to this film, a full-fledged murderous pedophile — who chomps cigars and wraps his jaws around schoolgirls while Cooper happily chews scenery. Uday needs a double to sidestep all those troublesome assassination attempts, so he enlists look-alike childhood friend Latif (also Cooper) to get the surgery, pop in the overbite, bray like a madman, make appearances in his stead, and function as a kind of pet human. Never mind Ludivine Sagnier, glassy-eyed and absurd in the role of Uday’s favorite sex kitten Sarrab — Double is completely Cooper’s, who seizes the moment, investing the morally upstanding Latif with a serious sincerity with just his eyes and body language and infusing evil odd job Uday with a dangerous, comic-book unpredictability. To his credit, Cooper imbues such cult-ready, blow-the-doors-off lines as “I love cunt! I love cunt more than god!” with, erm, believability, even as the denouement rings somewhat false. (1:48) Empire. (Chun)

*Final Destination 5 The thing about my undying love for the Final Destination series is that it’s completely legitimate and 100 percent sincere. You know exactly what you’re getting with each new movie, and these films never try to tell you otherwise. Yes, everyone will die. Yes, the deaths will be creative and disgusting. Yes, the quality of acting will be sacrificed for some of the more expensive splatter effects. For those of us who understand what the series is all about, Final Destination 5 is a triumph. It’s gory, wickedly funny, and a notable improvement on previous sequels. Not to mention the fact that Tony “Candyman” Todd gets a beefed-up role. For once, the 3D is actually a big help, with some of the best in-your-face effects I’ve seen. As for non-fans, I can’t say Final Destination 5 has much to offer. You have to embrace the absurdity and the mission statement before you can fully appreciate death by laser eye surgery. (1:32) 1000 Van Ness. (Peitzman)

Fright Night Don’t let the spooky trailer fool you: the Fright Night remake is almost as silly as the original. In fact, it follows the 1985 film closely, as young Charley Brewster (Anton Yelchin) comes to realize that his neighbor Jerry (Colin Farrell) is a vampire. The biggest change is a smart one — this Fright Night transforms late-night TV host Peter Vincent into Criss Angel-type illusionist Peter Vincent (David Tennant). The casting is spot on all-around, and frankly, Farrell is a lot more believable than Chris Sarandon as the seductive bad boy. The only real problem with the new Fright Night — other than the unnecessary 3D — is that it never fully commits to camp the way the original did. There’s a bit too much back-and-forth between serious scares and goofy blood splatters. Luckily, it’s still an entertaining remake that doesn’t crap all over a classic. It’s also a great reminder that vampires don’t have to be moody — remember, they used to be fun. (2:00) 1000 Van Ness, Presidio. (Peitzman)

*The Future Dreams and drawings, cats and fantasies, ambition and aimlessness, and the mild-mannered yet mortifying games people play, all wind their way into Miranda July’s The Future. The future’s a scary place, as many of us fully realize, even if you hide from it well into your 30s, losing yourself in the everyday. But you can’t duck July’s collection of moments, objects, and small gestures transformed into something strangely slanted and enchanted, both weird and terrifying, when viewed through July’s looking glass. Care and commitment — to oneself and others — are two vivid threads running through The Future. Cute couple Sophie (July) and Jason (Hamish Linklater) — unsettling look-alikes with their curly crops — appear at first to be sailing contently, aimlessly toward an undemanding unknown: Jason works from home as a customer-service operator, and Sophie attempts to herd kiddies as a children’s dance instructor. But enormous, frightening demands beckon — namely the oncoming adoption of a special-needs feline named Paw-Paw (voiced by July as if it’s a traumatized, innocent child). Lickety-splitsville, they must be all they can be before Paw-Paw’s arrival. The weirdness of the familiar, and the kindness of strangers, become ways into fantasy and escape when the couple bumps up against the limits of their imagination. This ultra-low-key horror movie of the banal is obviously remote territory for July (2005’s Me and You and Everyone We Know). The Future is her best film to date and finds her tumbling into a kind of magical realism or plastic fantastic, embodied by a talking cat that becomes the conscience of the movie. (1:31) California, Sundance Kabuki. (Chun)

Glee: The 3D Concert Movie (1:30) 1000 Van Ness.

The Guard Irish police sergeant Gerry Boyle (Brendan Gleeson) is used to running his small town on his own terms — not in a completely Bad Lieutenant (1992) kind of way, though he’s not afraid to sample drugs and hang with hookers. More like, he’s been running the show for years, and would prefer that big-city cops stay the hell out of his village. Alas, a gang of drug smugglers is doing business in the area, so an officious group of investigators from Dublin (horrors!) and America (in the form of an FBI agent played by Don Cheadle) soon descend. His mother’s dying, his brand-new partner’s missing, and between all the interlopers on both sides of the law, Boyle’s having a hard time having a pint in peace. Good thing he’s not as simple-minded as all who surround him think he is. Writer-director John Michael McDonagh (brother of playwright Martin, who directed 2008’s In Bruges — also starring Gleeson) puts an affable Irish spin on what’s essentially a pretty typical indie comedy, with some pretty typical crime-drama elements layered atop. Boyle’s character is memorably clever, but the film that contains him never quite elevates to his level. (1:36) Embarcadero, Shattuck, Sundance Kabuki. (Eddy)

Gun Hill Road Though the visibility of gays and lesbians in cinema remains (largely) confined to independent film, Rashaad Ernesto Green, in his debut feature Gun Hill Road, uses the creative freedom afforded by that closeting to explore issues of race and confused sexuality amid the Latino population of the Bronx. Esai Morales is Enrique, a former drug dealer returning from prison to his wife Angela (Judy Reyes) and teenage son Michael (Harmony Santana). But everyone seems to have moved on with their lives. Angela is having an affair, and Michael has created a new persona, Vanessa. Green’s film focuses on the relationship between the damaged Enrique and Michael, whose cross-dressing and budding transsexuality puts the family members at odds. Nominated for the Grand Jury Prize at Sundance and an entry in this year’s Frameline Film Festival, Gun Hill Road is one in a recent spate of films that deals with coming out in an urban setting. Like Green’s film, Peter Bratt’s La Mission (2009) offered a picture of homophobia in the Latino community. But Gun Hill Road, despite its bulging dramatic heft, shirks the after-school-special formula of La Mission by imagining complex characters rather than hewing them from instantly recognizable, sympathetic archetypes. (1:28) Sundance Kabuki. (Ryan Lattanzio)

*Harry Potter and the Deathly Hallows Part 2 Chances are you aren’t going to jump into the Harry Potter series with Harry Potter and the Deathly Hallows Part 2. So while the movie is probably the best Harry Potter film yet, it’s more a fitting conclusion than a standalone film. For fans of the books, there are no real surprises — this is a close adaptation. And for those Harry Potter movie fans who haven’t read the books, shame on you, and kudos if you managed to not get spoiled. It’s hard for me to offer a serious critical analysis of Part 2, because it represents the end of a long and very emotional journey. (Everyone in that audience was crying. Everyone.) I will say that, as was the case in the book, there are a few overdone, schmaltzy moments that aren’t really necessary. But in the context of the series, they’re forgivable — this may not be the great cinematic event of our generation, but Harry Potter as a whole is sure to be one of our most enduring cultural icons. (2:10) 1000 Van Ness, Sundance Kabuki. (Peitzman)

The Help It’s tough to stitch ‘n’ bitch ‘n’ moan in the face of such heart-felt female bonding, even after you brush away the tears away and wonder why the so-called help’s stories needed to be cobbled with those of the creamy-skinned daughters of privilege that employed them. The Help purports to be the tale of the 1960s African American maids hired by a bourgie segment of Southern womanhood — resourceful hard-workers like Aibileen (Viola Davis) and Minny (Octavia Spencer) raise their employers’ daughters, filling them with pride and strength if they do their job well, while missing out on their own kids’ childhood. Then those daughters turn around and hurt their caretakers, often treating them little better than the slaves their families once owned. Hinging on a self-hatred that devalues the nurturing, housekeeping skills that were considered women’s birthright, this unending ugly, heartbreaking story of the everyday injustices spells separate-and-unequal bathrooms for the family and their help when it comes to certain sniping queen bees like Hilly (Bryce Dallas Howard). But the times they are a-changing, and the help get an assist from ugly duckling of a writer Skeeter (Emma Stone, playing against type, sort of, with fizzy hair), who risks social ostracism to get the housekeepers’ experiences down on paper, amid the Junior League gossip girls and the seismic shifts coming in the civil rights-era South. Based on the best-seller by Kathryn Stockett, The Help hitches the fortunes of two forces together — the African American women who are trying to survive and find respect, and the white women who have to define themselves as more than dependent breeders — under the banner of a feel-good weepie, though not without its guilty shadings, from the way the pale-faced ladies already have a jump, in so many ways, on their African American sisters to the Keane-eyed meekness of Davis’ Aibileen to The Help‘s most memorable performances, which are also tellingly throwback (Howard’s stinging hornet of a Southern belle and Jessica Chastain’s white-trash bimbo-with-a-heart-of-gold). (2:17) Balboa, California, Empire, 1000 Van Ness, Presidio, SF Center, Sundance Kabuki. (Chun)

Midnight in Paris Owen Wilson plays Gil, a self-confessed “Hollywood hack” visiting the City of Light with his conservative future in-laws and crassly materialistic fiancée Inez (Rachel McAdams). A romantic obviously at odds with their selfish pragmatism (somehow he hasn’t realized that yet), he’s in love with Paris and particularly its fabled artistic past. Walking back to his hotel alone one night, he’s beckoned into an antique vehicle and finds himself transported to the 1920s, at every turn meeting the Fitzgeralds, Gertrude Stein (Kathy Bates), Dali (Adrien Brody), etc. He also meets Adriana (Marion Cotillard), a woman alluring enough to be fought over by Hemingway (Corey Stoll) and Picasso (Marcial di Fonzo Bo) — though she fancies aspiring literary novelist Gil. Woody Allen’s latest is a pleasant trifle, no more, no less. Its toying with a form of magical escapism from the dreary present recalls The Purple Rose of Cairo (1985), albeit without that film’s greater structural ingeniousness and considerable heart. None of the actors are at their best, though Cotillard is indeed beguiling and Wilson dithers charmingly as usual. Still — it’s pleasant. (1:34) Albany, Four Star, Embarcadero, 1000 Van Ness, Piedmont, Sundance Kabuki. (Harvey)

*My Perestroika Robin Hessman’s very engaging documentary takes one very relatable look at how changes since glasnost have affected some average Russians. The subjects here are five thirtysomethings who, growing up in Moscow in the 70s and 80s, were the last generation to experience full-on Communist Party indoctrination. But just as they reached adulthood, the whole system dissolved, confusing long-held beliefs and variably impacting their futures. Andrei has ridden the capitalist choo-choo to considerable enrichment as the proprietor of luxury Western menswear shops. But single mother Olga, unlucky in love, just scrapes by, while married schoolteachers Lyuba and Boris are lucky to have inherited an apartment (cramped as it is) they could otherwise ill afford. Meanwhile Ruslan, once member of a famous punk band (which he abandoned on principal because it was getting “too commercial”), both disdains and resents the new order just as he did the old one. Home movies and old footage of pageantry celebrating Soviet socialist glory make a whole ‘nother era come to life in this intimate, unexpectedly charming portrait of its long-term aftermath. (1:27) Balboa. (Harvey)

*The Names of Love Arthur (Jacques Gamblin) is a 40-ish scientist being interviewed about the threat of a bird flu epidemic when his radio broadcast is interrupted by 20-something Baya (Sara Forestier), who denounces him on-air as a “fascist” for frightening the public. But then, Baya tends to use that label rather indiscriminately, applying it to anyone who might conceivably have views to the right of the dial — and Arthur is in fact a solid liberal, which means she can bed him for love. As opposed to the many, many other men she beds as a self-described “political whore,” seeking out conservative types in order to seduce them and hopefully induce an idealogical shift by whispering sweet nothings (“Not all Arabs are thieves,” etc.) as they orgasm. Raised by parents whose emotions are so tightly wound his mother won’t acknowledge her parents were Jews killed at Auschwitz, Arthur has a hard time adjusting to a relationship with a lover who is faithful emotionally but sees promiscuity as her propagandic gift to the world. Meanwhile Baya’s largely Algerian family treats garrulous political argument as the very air they breathe. This odd-couple story written by Baya Kasmi and director Michel Leclerc deals with serious issues in both humorous and respectful fashion, making for one of the more novel, delightful and depthed French romantic comedies in a long time. Added plus: lots of antic gratuitous nudity. (1:42) Opera Plaza, Smith Rafael. (Harvey)

*One Day Why do romantic comedies get such a bad rap? Blame it on the lame set-up, the contrived hurdles artificially buttressed by the obligatory chorus of BFFs, the superficial something-for-every-demographic-with-ADD multinarrative, and the implausible resolutions topped by something as simple as a kiss or as conventional as marriage, but often no deeper, more crafted, or heartfelt than an application of lip gloss. Yet the lite-as-froyo pleasures of the genre don’t daunt Danish director Lone Scherfig, best known for her deft touch with a woman’s story that cuts closer to the bone, with 2009’s An Education. Her new film, One Day, based on the best-selling novel by David Nicholls, flirts with the rom-com form — from the kitsch associations with Same Time, Next Year (1978) to the trailer that hangs its love story on a crush — but musters emotional heft through its accumulation of period details, a latticework of flashbacks, and collection of encounters between its charming protagonists: upper-crusty TV presenter Dexter (Jim Sturgess) and working-class aspiring writer Emma (Anne Hathaway). Their quickie university friendship slowly unfolds, as they meet every St. Swithin’s Day, July 15, over a span of years, into the most important relationship of their lives. Despite the blue-collar female lead and UK backdrop that it shares with An Education, One Day feels like a departure for Scherfig, who first found international attention for her award-winning Dogme 95-affiliated Italian for Beginners (2000). (1:48) Balboa, Marina, 1000 Van Ness, Piedmont, SF Center, Shattuck. (Chun)

*Point Blank Not for nothing did Hollywood remake French filmmaker Fred Cavaye’s last film, Anything for Her (2008) as The Next Three Days (2010) — Cavaye’s latest, tauter-than-taut thriller almost screams out for a similar rework, with its Bourne-like handheld camera work, high-impact immediacy, and noirish narrative economy. Point Blank — not to be confused with the 1967 Lee Marvin vehicle —kicks off with a literal slam: a mystery man (Roschdy Zem) crashing into a metal barrier, on the run from two menacing figures until he is cornered and then taken out of the action by fate. His mind mainly on the welfare of his very pregnant wife Nadia (Elena Anaya), nursing assistant Samuel (Gilles Lellouche) has the bad luck to stumble on a faux doctor attempting to make sure that the injured man never rises from his hospital bed. As police wrangle over whose case this exactly is — the murder of an industrialist seems to have expanded the powers of the stony-faced, monolithic Commandant Werner (Gerard Lanvin) — Samuel gets sucked into the mystery man’s lot, a conspiracy that allows them to trust no one, and seemingly impossibly odds against getting out of the mess alive. Cavaye never quite stops applying the pressure in this clever, unrelenting cat-and-mouse and mouse-and-his-spouse game, topping it with a nerve-jangling search through a messily chaotic police station. (1:24) Embarcadero, Shattuck. (Chun)

*Rise of the Planet of the Apes “You gotta love a movie where the animals beat up on the humans,” declared my Rise of the Planet of the Apes companion. Indeed, ape must not kill ape, and this Planet of the Apes prequel-cum-remake of Conquest of the Planet of the Apes (1972) takes the long view, back to the days when ape-human relations were still high-minded enough to forbid smart apes from killing those well-armed, not-so-bright humanoids. I was a fan of the original series, but honestly, I approached Rise with trepidation: I dreaded the inevitable scenes of human cruelty meted out to exploited primates — the current wave of chimp-driven films seems focused on holding a scary, shaming mirror up to the two-legged mammalian violence toward their closest living genetic relatives. It’s a contrast to the original series, which provided prisms with which to peer at race relations and generational conflict. But I needn’t have feared this PG-13 “reboot.” There’s little CGI-driven gore, apart from the visceral opening and the showdown, though the heartbreak remains. Scientist Will (James Franco, brow perpetually furrowed with worry) is working to find a medicine designed to supercharge the brain in the wake of Alzheimer’s — a disease that has struck down his father (John Lithgow). When the experimental chimp that responds to his serum becomes violently aggressive, the project is shut down, although the primate leaves behind a surprise: a baby chimp that Will and his father name Caesar and raise like a beloved child in their idyllic Bay Area Victorian. Growing in intelligence as he matures, Caesar finds himself torn by an existential dilemma: is he a pet or a mammal with rights that must be respected? Rise becomes Caesar’s story, rendered in heart-wrenching, exhilarating ways — to director Rupert Wyatt and his team’s credit you don’t miss the performance finesse of Roddy McDowell and Kim Hunter in groundbreaking prosthetic ape face in the original movies — while resolving at least one question about why humans gave up the globe to the primates. One can only imagine the next edition will take care of the lingering question about how even the cleverest of apes will feed themselves in Muir Woods. (1:50) Empire, 1000 Van Ness, Presidio, SF Center, Sundance Kabuki. (Chun)

Sarah’s Key (1:42) Albany, Bridge, Piedmont.

*Senna When Ayrton Senna died in 1994 at the age of 34, he had already secured his legacy as one of the greatest and most beloved Formula One racers of all time. The three-time world champion was a hero in his native Brazil and a respected and feared opponent on the track. This eponymous documentary by director Asif Kapadia is nearly as dynamic as the man himself, with more than enough revving engines and last minute passes to satisfy your lust for speed and a decent helping Ayrton’s famous personality as well. Senna was a champion, driven to win even as the sometimes-backhanded politics of the racing world stood in his way. A tragic figure, maybe, but a legend nonetheless. You don’t have to be an F1 fan to appreciate this film, but you may wind up one by the time the credits roll. (1:44) Embarcadero, Smith Rafael. (Berkmoyer)

Sholem Aleichem: Laughing in the Darkness This documentary cuts to the chase right at the beginning: yeah, Sholem Aleichem was the guy who wrote the Tevye stories that inspired Fiddler on the Roof. But filmmaker Joseph Dorman isn’t trying to make Fiddler: Behind the Musical. Instead, he takes an in-depth look at the life, writing career, and cultural significance of “one of the great modern Jewish writers — and our greatest Yiddish writer,” per the film’s press notes. Fans of Jewish lit will be particularly engaged by Sholem Aleichem’s tale; raised in a shtetl in what’s now the Ukraine, he moved around Europe and to the United States pursuing various careers, but always writing the popular stories that addressed not just Jewish life, but broader issues facing turn-of-the-last-century Jews, including the cross-generational conflicts that make up much of Fiddler‘s plot and humor. That said, this film does rely an awful lot on PBS-style slow pans over black-and-white photos and intellectual talking heads; one suspects the subject himself (so devoted was he to entertaining the regular folk who gobbled up his tales) would’ve preferred his life story to unfold in a livelier fashion. (1:33) Opera Plaza. (Eddy)

Spy Kids: All the Time in the World (1:29) 1000 Van Ness.

30 Minutes or Less In some ways, 30 Minutes or Less is reminiscent of 2008’s Pineapple Express: both are stoner action comedies about normal people shoved into high-stakes criminal activity. But while Pineapple Express was an exciting addition to the genre, 30 Minutes or Less is a flimsy 80-minute diversion that still feels like a waste of time. Jesse Eisenberg plays Nick, a pizza delivery boy who is forced to rob a bank after two would-be criminals strap a bomb to his chest. Strangely, Eisenberg was more charming as Mark Zuckerberg in The Social Network (2010) — and his buddy Chet (Aziz Ansari) doesn’t exactly up the likability factor. There’s actually the potential for an interesting story here: something darker seems appropriate, given that 30 Minutes or Less was inspired by a true story with a very unhappy ending. But the film completely fumbles, delivering an action comedy that’s neither tense nor funny. That means the pizza’s free, right? (1:29) 1000 Van Ness, SF Center, Shattuck. (Peitzman)

The Tree of Life Mainstream American films are so rarely adventuresome that overreactive gratitude frequently greets those rare, self-conscious, usually Oscar-baiting stabs at profundity. Terrence Malick has made those gestures so sparingly over four decades that his scarcity is widely taken for genius. Now there’s The Tree of Life, at once astonishingly ambitious — insofar as general addressing the origin/meaning of life goes — and a small domestic narrative artificially inflated to a maximally pretentious pressure-point. The thesis here is a conflict between “nature” (the way of striving, dissatisfied, angry humanity) and “grace” (the way of love, femininity, and God). After a while Tree settles into a fairly conventional narrative groove, dissecting — albeit in meandering fashion — the travails of a middle-class Texas household whose patriarch (a solid Brad Pitt) is sternly demanding of his three young sons. As a modern-day survivor of that household, Malick’s career-reviving ally Sean Penn has little to do but look angst-ridden while wandering about various alien landscapes. Set in Waco but also shot in Rome, at Versailles, and in Saturn’s orbit (trust me), The Tree of Life is so astonishingly self-important while so undernourished on some basic levels that it would be easy to dismiss as lofty bullshit. Its Cannes premiere audience booed and cheered — both factions right, to an extent. (2:18) Four Star, Lumiere, Shattuck. (Harvey)

*The Trip Eclectic British director Michael Winterbottom rebounds from sexually humiliating Jessica Alba in last year’s flop The Killer Inside Me to humiliating Steve Coogan in all number of ways (this time to positive effect) in this largely improvised comic romp through England’s Lake District. Well, romp might be the wrong descriptive — dubbed a “foodie Sideways” but more plaintive and less formulaic than that sun-dappled California affair, this TV-to-film adaptation displays a characteristic English glumness to surprisingly keen emotional effect. Playing himself, Coogan displays all the carefree joie de vivre of a colonoscopy patient with hemorrhoids as he sloshes through the gray northern landscape trying to get cell reception when not dining on haute cuisine or being wracked with self-doubt over his stalled movie career and love life. Throw in a happily married, happy-go-lucky frenemy (comic actor Rob Brydon) and Coogan (TV’s I’m Alan Partridge), can’t help but seem like a pathetic middle-aged prick in a puffy coat. Somehow, though, his confused narcissism is a perverse panacea. Come for the dueling Michael Caine impressions and snot martinis, stay for the scallops and Brydon’s “small man in a box” routine. (1:52) Opera Plaza. (Devereaux)

*Vigilante Vigilante Eschewing any pretense of objectivity and adopting a civic-journalism approach, Bay Area director Max Good and producer Nathan Wollman exhaustively explore the issues at stake in the current graffiti and street art scene by focusing on some unexpected, once-hidden antagonists: the so-called buffers, graffiti abatement advocates, and self-styled vigilantes who obsessively paint over graffiti in cities like Los Angeles (Joe Connolly) and New Orleans (Fred Radtke). Good wraps his interviews with well-known street artists like Shepard Fairey, cultural critics such as Stefano Bloch, and graf advocates a la SF author Steve Rotman around his central pursuit: he’s trying to uncover the identity of the Silver Buff, the mysterious figure who has splashed silver over artwork and tags in Berkeley for more than a decade. After capturing the Buff on camera in the wee hours of the morn, the documentarian get his story — it’s Jim Sharp, a stubborn preservationist intent on “beautifying” the blight, tearing down street posters, picking up trash, and covering over what he sees as vandalism, even if he has to damage the property he claims to be cleaning up. In a witty twist on if-you-can’t-beat-’em-join-’em, Good and Wollman ratchet their tale up a notch when they follow Sharp with colorful paint of their own, brilliantly driving home an appeal for freedom of expression and a reclamation of public space. (1:26) Roxie. (Chun)

The Whistleblower (1:58) Opera Plaza, Shattuck, Smith Rafael.


Film listings are edited by Cheryl Eddy. Reviewers are Kimberly Chun, Michelle Devereaux, Max Goldberg, Dennis Harvey, Louis Peitzman, Lynn Rapoport, Ben Richardson, and Matt Sussman. For rep house showtimes, see Rep Clock. 

The Keynes vs. Hayek rematch

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By Robert Skidelsky

Robert Skidelsky, a member of the British House of Lords, is Professor Emeritus of Political Economy at Warwick University.

LONDON – The Austrian economist Friedrich von Hayek, who died in 1992 at the age of 93, once remarked that to have the last word requires only outliving your opponents. His great good fortune was to outlive Keynes by almost 50 years, and thus to claim a posthumous victory over a rival who had savaged him intellectually while he was alive.

Hayek’s apotheosis came in the 1980’s, when British Prime Minister Margaret Thatcher took to quoting from The Road to Serfdom (1944), his classic attack on central planning. But in economics there are never any final verdicts. While Hayek’s defense of the market system against the gross inefficiency of central planning won increasing assent, Keynes’s view that market systems require continuous stabilization lingered on in finance ministries and central banks.

Both traditions, though, were eclipsed by the Chicago school of “rational expectations,” which has dominated mainstream economics for the last twenty-five years. With economic agents supposedly possessing perfect information about all possible contingencies, systemic crises could never happen except as a result of accidents and surprises beyond the reach of economic theory.

The global economic collapse of 2007-2008 discredited “rational expectations” economics (though its high priests have yet to recognize this) and brought both Keynes and Hayek back into posthumous contention. The issues have not changed much since their argument began in the Great Depression of the 1930’s. What causes market economies to collapse? What is the right response to a collapse? What is the best way to prevent future collapses?

For Hayek in the early 1930’s, and for Hayek’s followers today, the “crisis” results from over-investment relative to the supply of savings, made possible by excessive credit expansion. Banks lend at lower interest rates than genuine savers would have demanded, making all kinds of investment projects temporarily profitable.

But, because these investments do not reflect the real preferences of agents for future over current consumption, the savings necessary to complete them are not available. They can be kept going for a time by monetary injections from the central bank. But market participants eventually realize that there are not enough savings to complete all the investment projects. At that point, boom turns to bust.

Every artificial boom thus carries the seeds of its own destruction. Recovery consists of liquidating the misallocations, reducing consumption, and increasing saving.

Keynes (and Keynesians today) would think of the crisis as resulting from the opposite cause:  under-investment relative to the supply of saving – that is, too little consumption or aggregate demand to maintain a full-employment level of investment – which is bound to lead to a collapse of profit expectations.

Again, the situation can be kept going for a time by resorting to consumer-debt finance, but eventually consumers become over-leveraged and curtail their purchases. Indeed, the Keynesian and Hayekian explanations of the origins of the crisis are actually not very different, with over-indebtedness playing the key role in both accounts. But the conclusions to which the two theories point are very different.

Whereas for Hayek recovery requires the liquidation of excessive investments and an increase in consumer saving, for Keynes it consists in reducing the propensity to save and increasing consumption in order to sustain companies’ profit expectations. Hayek demands more austerity, Keynes more spending.

We have here a clue as to why Hayek lost his great battle with Keynes in the 1930’s. It was not just that the policy of liquidating excesses was politically catastrophic: in Germany, it brought Hitler to power. As Keynes pointed out, if everyone – households, firms, and governments – all started trying to increase their saving simultaneously, there would be no way to stop the economy from running down until people became too poor to save.

It was this flaw in Hayek’s reasoning that caused most economists to desert the Hayekian camp and embrace Keynesian “stimulus” policies. As the economist Lionel Robbins recalled:  “Confronted with the freezing deflation of those days, the idea that the prime essential was the writing down of mistaken investments and…fostering the disposition to save was…as unsuitable as denying blankets and stimulus to a drunk who has fallen into an icy pond, on the ground that his original trouble was overheating.”

Except to Hayekian fanatics, it seems obvious that the coordinated global stimulus of 2009 stopped the slide into another Great Depression. To be sure, the cost to many governments of rescuing their banks and keeping their economies afloat in the face of business collapse damaged or destroyed their creditworthiness. But it is increasingly recognized that public-sector austerity at a time of weak private-sector spending guarantees years of stagnation, if not further collapse.

So policy will have to change. Little can be hoped for in Europe; the real question is whether President Barack Obama has it in him to don the mantle of President Franklin Roosevelt.

To prevent further crises of equal severity in the future, Keynesians would argue for strengthening the tools of macroeconomic management. Hayekians have nothing sensible to contribute. It is far too late for one of their favorite remedies – abolition of central banks, supposedly the source of excessive credit creation. Even an economy without central banks will be subject to errors of optimism and pessimism. And an attitude of indifference to the fallout of these mistakes is bad politics and bad morals.

So, for all his distinction as a philosopher of freedom, Hayek deserved to lose his battle with Keynes in the 1930’s. He deserves to lose today’s rematch as well.

Robert Skidelsky, a member of the British House of Lords, is Professor Emeritus of Political Economy at Warwick University.

Copyright: Project Syndicate, 2011.

www.project-syndicate.org

Chase bank appeal could impact neighborhoods

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An appeal hearing June 8 on a JP Morgan Chase branch on Divisadero and Fell could affect the future of small neighborhood retail in San Francisco.


The Planning Department gave Chase a permit to build a branch in a space protected by formula retail law. According to the department, the bank provides “financial services” — which are not specifically mentioned in the Planning Code section limiting formula retail.


Neighborhood activists are fighting the proposed bank, which would occupy three retail spaces on a stretch of Divisadero already home to numerous chains — and just six blocks away from another Chase branch.


Divisadero’s heavy traffic makes it a prime advertising street, and could explain why Chase is looking to build another branch so close to its existing one.


Community activists say the bank is clearly a formula retail establishment — which would mean it doesn’t comply with the Planning Code for the neighborhood. Since the space is more than 4,000 square feet, that would mandate a conditional use permit and a public hearing.


Quintin Mecke, a neighborhood resident who will be speaking at the Board of Appeals hearing, said  evening, the Planning Department privately measured the space but did not include areas normally listed when measuring square footage. The department did not return a request for comment.


The exemption of Chase from the formula retail law could affect more than just the Western Addition neighborhood.
“There’s clearly issues with the planning departments interpretation of this law,” says Mecke, “we’ve just happened to find a very specific, and what we call egregious, version of it.”


Mecke said he believes that if banks are exempted from this law, so could many other chain establishments — including adult entertainment and auto body shops — that don’t happen to be mentioned in the code, and small San Francisco neighborhoods could radically change.


Former Sup. Aaron Peskin, who was on the board when the formula retail law passed, told us that “it was written very broadly and what the planning department is asserting is that financial services are not part of that broad category.
 
“Had the board of supervisors intended to exclude financial services, that would have been specifically written into the law,” he said. “Instead the board passed a very broad category and financial services falls in that category. It was intended to be construed and defined broadly and should apply to financial services as much as it does to a restaurant or shoe store.”

Stopping foreclosure secrecy

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OPINION Thanks to a shadowy corporate mortgage recording system, millions of Californians have no idea who owns their home loans.

As we suffer through this recession triggered by reckless subprime lending and Wall Street speculation, our recovery is being held back in part because people are struggling with foreclosures and underwater home values — exacerbated by a lack of mortgage transparency.

The mess created by Wall Street is causing wrongful foreclosures and wreaking havoc. Real people — often lower-income families and communities of color — are enduring the devastation of foreclosure processes because of the excesses of bankers and investment firms.

In San Francisco, we’ve seen the highest number of foreclosures in the Ingleside-Excelsior, Bayview, Tenderloin, and Mission neighborhoods — many of the places where home values have fallen most. Whether or not you face foreclosure, we all pay for this crisis by losing vital tax revenue that could go to support our schools, protect our neighborhoods, or build our economy.

When Wall Street realized it could make billions by bundling mortgages and selling them to investors, banks and financial institutions needed a way around recording the ownership and assignment of home loans. What the banks and Wall Street came up with is a shadowy, industry-backed reporting system called MERS — mortgage electronic reporting system.

Simply stated, subprime and predatory lending allowed banks to create millions of questionable mortgages, Wall Street bundled these risky mortgages together to sell to investors, and MERS made it quicker and easier to conduct these risky transactions with impunity.

As San Francisco’s assessor-recorder and a financial advocate for low-income communities, we have seen harmful industry practices wreak havoc on families trying to stay in their homes — whether by use of MERS that clouds property titles, wrongful foreclosures, or denied loan modifications.

The state Legislature considered several good foreclosure bills this year. One proposal placed a $20,000 fee on financial institutions attempting a foreclosure. This would have discouraged foreclosure and helped defray costs to communities if the process went ahead.

State Sen. Mark Leno( D-SF) and Senate President pro tem Darrell Steinberg (D-Sacramento) offered legislation stopping banks from proceeding with foreclosures when a homeowner is attempting to modify his or her mortgage.

Assessor-Recorder Ting is sponsoring a bill requiring that all mortgage assignments and transfers be recorded with counties, thus taking this process out of the murky MERS system.

Unfortunately, the banks and their armies of lawyers and lobbyists have been able to stymie these reforms.

We must continue to fight these wealthy, powerful lobbies so that the long road to recovery in our housing markets and communities can begin. We cannot let Sacramento forget it was financial institutions that fueled the housing bubble, crashed the stock market, and sent shockwaves throughout the economy with their reckless practices.

Few states have been ravaged by subprime lending and the meltdown of mortgage-backed securities the way California has, so we must continue reforming the practices of banks and Wall Street that have thrown our economy and communities into turmoil.

Phil Ting is San Francisco assessor-recorder. Kevin Stein works with the California Reinvestment Coalition.

Held underwater

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sarah@sfbg.com

Since the recession began four years ago, 2,000 homes have been lost to foreclosure in San Francisco. These numbers sound insignificant compared to other counties in the Bay Area, but they primarily have hit communities of color already struggling to remain in this expensive city.

As panelists at a recent seminar on foreclosures noted, the first wave hit the Bayview and the Excelsior, while the second hit the Richmond and the Sunset. And as the recession drags on and more borrowers go underwater, another 2,000 foreclosures are on the local horizon.

Although foreclosures continue to destabilize communities and drain resources from local governments, the banking lobby continues to oppose legislative reforms that would allow more people to remain in their homes. And this deep-pocketed resistance has labor, religious, and educational organizations forming the New Bottom Line coalition in an effort to find grassroots solutions to the crisis.

“Foreclosures are the new f-word,” said Regina Davis, CEO of Bayview’s San Francisco Housing Development Corporation, at SFHDC’s April 29 foreclosure seminar.

Sups. John Avalos and Malia Cohen illustrated that there is no shortage of horror stories about predatory lending and dual tracking, in which borrowers apply for loan modifications while the bank continues to pursue foreclosure. Representatives for Sup. Ross Mirkarimi and Assessor-Recorder Phil Ting noted that the banking lobby has blocked even the most modest reforms, even as uncertainty continues to devastate the housing market.

Avalos said his family underwent a housing crisis in 2009, when his wife left her job to home school their special-needs daughter. “We tried to get a loan modification and were told we could only get it by going into default,” he said, recalling how Mission Economic Development Agency (MEDA) helped them navigate the process. “If this could happen to an elected official, it could happen to anyone.”

Cohen, who lost her condo in the Bayview to foreclosure earlier this year, described foreclosure as “an incredible beast that has ravaged and wrecked the finances of many Latino, African American, and Asian communities who were sold the American dream of homeownership but then had the rug pulled away.”

Mirkarimi aide Robert Selna, a former San Francisco Chronicle reporter, said the banking industry spent $70 million last year to kill legislation by state Sen. Mark Leno (D-SF) and Senate President Darrell Steinberg (D-Sacramento) to end dual tracking. This year, the industry has been opposing SB729, Leno and Steinberg’s latest attempt to require banks to give people a definitive answer on loan modification, identify who owns the loan, and give borrowers legal recourse if banks don’t take these steps.

“SB729 gets to the heart of helping to keep people in their homes, but it’s difficult to combat the spending power of the banking industry,” Selna said.

Ben Weber, an analyst in the Assessor-Recorder’s Office, said approximately 277,000 homes in California are going through the foreclosure process; an estimated 1.8 million California residents are underwater on their mortgage; and California is sixth in “negative equity” nationwide. “Negative equity is one of the best indicators of foreclosures — so can we expect another 1.5 million to 1.6 million foreclosures statewide?” he asked.

Weber noted that Ting is supporting AB 1321 by Assemblymember Bob Wieckowski (D-Fremont), which would require that all mortgage assignments be recorded within 30 days of their execution; prevent notices of default from being recorded until 45 days after any deed of trust has been recorded; and provide consumers with better transparency about who owns their debt. Yet Ting’s office reports that the banking industry has lobbied against this and other foreclosure-related legislation

Weber said the legislation is a response to problems with the industry’s Mortgage Electronic Registration System (MERS), which was introduced 15 years ago. “The mortgage industry wanted to expedite the transfer of mortgages between entities so that they could be sold and resold on Wall Street,” Weber said, noting that the system also allowed the industry to avoid paying recording fees to counties.

MERS records an average of 6,700 deeds of trust annually in San Francisco, and MERS deeds of trust are usually transferred two to four times, Weber observed. “So MERS members avoided — conservatively — $134,000 per year in fees.”

Grace Martinez of Alliance of Californians for Community Empowerment noted that the banking lobby already killed AB935 by Assemblymember Bob Blumenfield (D-Northridge), which sought to charge a $20,000 fee to compensate for the estimated cost of a foreclosure to local government. “That money would have gone back to the city,” she said.

In an April 14 letter, the banking lobby claimed Blumenfield’s bill was a tax that increases the costs of homeownership for new borrowers. “It also serves to discourage the importation of capital into California at a time when the federal government is winding down their involvement in mortgage finance and protracts and complicates California’s economic recovery,” stated the letter, which the California Bankers Association, the California Chamber of Commerce, and other business groups signed.

But Dan Byrd, research director at Berkeley’s Greenlining Institute, reminded the mostly black and brown crowd at SFHDC’s foreclosure seminar that declining property values due to foreclosures have drained $193 billion from African American and $180 billion from Latino communities nationwide. “Folks from these communities who had credit good enough to qualify for a prime loan were given subprime loans with adjustable mortgage rates,” he said

Byrd stressed that homeowners facing foreclosures need to be more financially literate. “A lot of loan documents are written in language that people can’t understand, and they don’t have the money to hire a lawyer,” Byrd said, as he urged politicians to fund organizations that provide financial counseling and education. “Our elected federal officials just cut the budget that supports SFHDC and similar groups.”

SFHDC housing counselor Ed Donaldson said appraisal values make it hard to sell the below-market-rate units that are coming online. “So if we don’t do something about the foreclosure problem, the housing market will continue to unwind,” he said, urging people to protests banks and show up at City Hall and in Sacramento to support reform.

The Rev. Arnold Townsend, vice president of the local branch of the National Association for the Advancement of Colored People, said San Francisco likes to pretend that the foreclosure crisis didn’t really affect the city. “But it did,” he said. “It badly hit people of color that the city, by its policies, doesn’t seem to care if they leave.”

Attorney Henri Norris noted that bankruptcy can be an alternative to foreclosure. “A bankruptcy can stop a foreclosure, at least temporarily,” Norris said. He recommends that people make their loans current and try to get a loan modification approved. “But it’s going to take running a marathon.”

Avalos, who is running for mayor, noted that the city does not fund enough affordable housing and he proposed an affordable housing bond that would include assistance for mortgage assistance, ownership downpayment, seismic retrofitting, and energy efficiency. “I understand that voters see no personal benefit, but it would raise wealth in property values,” he said.

Cohen observed that the federal Homeowners Affordable Modification Program (HAMP), which President Obama unveiled in March 2009, “hasn’t worked” and that most of the important reform proposals are “happening at the state level.” She encouraged people to show support for SB729, but wasn’t ready to declare support for Avalos’ housing bond.

“I want to make sure the climate is ripe, that Sups. Carmen Chu and Eric Mar are included, because their districts will be impacted by foreclosures, and that the support is broad-based,” she said. “But folks can divest from banks that have not treated us right.”

Noting that divestment was the most effective way to end apartheid in South Africa, SFHDC’s Davis invited seminar participants to a free screening of Charles Ferguson’s documentary Inside Job, which shows how subprime loans, dual tracking, and mortgage bundling triggered the 2008 financial meltdown — and how many of the main players are still calling the shots.

But despite SFHDC’s informative seminar and the New Bottom Line campaign’s May 3 protest at Wells Fargo’s annual shareholder meetings in San Francisco, SB729 failed to make it out of committee May 4, when Sen. Alex Padilla (D-Van Nuys) announced he would introduce an alternative dual tracking bill. In addition, Wieckowski turned his MERS reform into a two-year bill, suggesting the votes weren’t there to approve it.

Paul Leonard, California director of the Center for Responsible Lending, observed that SB729 supporters include a broad array of consumer, civil rights, labor, faith-based groups, and homeowners, but the only groups in opposition were the California Bankers Association, the Mortgage Bankers Association, and the Chamber of Commerce.

“I find it remarkable that after the exposure of deep-seeded scandals about robo-signing and the systematic shortcomings of mortgage loan service operators, none of the bills intended to address these issues got out of their first committee hearing,” Leonard said.

In an April 20 letter, the banking lobby claimed that SB729 was “unnecessarily complex,” could overlap and contradict actions by federal regulators and state attorneys general, and promote strategic defaults that would negatively affect communities and cloud title for a year following a foreclosure, leaving properties vacant.

Dustin Hobbs of the California Mortgage Bankers Association claims the average time for a foreclosure is more than 300 days. “This would have dragged it out further, and the last thing we need is more vacant homes and more homes in foreclosure,” he said.

Ting noted that Wieckowski made the call to turn AB1321 into a two-year bill. “But you would have thought we were offering the end of home ownership,” Ting said, noting that the banking industry was shocked when advocates produced a MERS memo that encourages banks to record documents and pay fees. “It basically recommended our legislation,” Ting observed.

“Assignments out of MERS name should be recorded in the county land records, even if the state law does not require such a recording,” a Feb. 16 MERS memo said.

Ting describes MERS as “a Wall Street set-up, the ultimate in smoke and mirrors.”

“We did a little poking around in MERS and found that it would help if the name of the loan owner was recorded,” Ting said, noting that the confusion MERS created is bad for consumers, the real estate industry, and homeowners.

“Part of the problem is computer systems doing what banks used to do,” Ting said. “It ended up with robo-signing and foreclosures being sent to the wrong people. I thought AB1321 was a no-brainer, but we had to take it to five or six legislators before anyone would pick it up. This is a prime example of how a particular industry has made a huge amount of money and is unwilling to bend any rules to give consumers any recourse.”

But CMBA’s Hobbs described AB1321 as “part of a broader attack on MERS.” And an April 21 opposition letter from the banking industry describes it as “creating impediments for attracting capital to California’s mortgage marketplace and imposing significant new workloads on county recorders and clerks.”

Ting says he has heard lobbyists make that argument. “But my assessor recorders organization supported it — and they are mostly not elected officials,” he said, noting the group usually doesn’t get involved in promoting legislation.

Ting admits that it’s hard to get the national reforms that are needed. “San Francisco still has a big part to play. And our legislators are still very powerful, so we have no excuse not to be fighting in Sacramento where the Democrats have a supermajority. I mean, how could these bills not get out of committee? It’s not like we didn’t take amendments, but no level of amendments would have made anything happen.”

“Foreclosures typify this financial and political era,” he continued. “They are about all the things we should have seen coming — and some of us did. But even then, and now, there is political amnesia. For all the families that lost their homes, shouldn’t we do something to make sure this doesn’t happen again? Wall Street was bailed out two years ago, but Main Street is still waiting.”

Bedbugs and pickpockets: a non-travelers tale

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I am a hotel aficionado. I wrote my undergraduate thesis in a New Haven hotel lobby, watching the light fade from pink to orange to a deep purple-blue each night, sometimes not leaving until the floor-to-ceiling panes of glass began to brighten with the morning.


Some of my favorite places in San Francisco are hotels: I love their bars and cafes, awash at all hours with a tide of voices bubbling forth in languages I don’t understand. I love the scale and grandeur of the marble foyers and reams of upholstery. I love making up stories about the passers-by: this one with jetlagged eyes and too much eyeliner; that one walking an unwieldy assortment of shopping bags like too many dogs; the last, an anachronism with a cigar and seersucker.


Like the airport bar, hotels hold all the romance of a moment suspended: an alternate reality, set apart from the day-to-day. Of course, most people associate traveling with a whole set of very real hassles – from which, I found out yesterday, my little non-vacation vacations are not immune. I experienced some authenticity along with all that atmosphere: in the lush upholstery, bedbugs, and among the tides of travelers, at least one very skilled pickpocket.


Picture me: a steaming pot of Earl Grey, settling into a sofa, the sun slanting through the gauzy drapes. No sooner have I unfolded my laptop and set Pandora to supply the elevator music (embarrassing but true) than I feel a tickle on my neck. Absentmindedly, I brush it away, and there – sitting right there on my hand – is an impudent, shameless, full-grown bedbug.


I’d like to point out that I am not a paranoid person. But the bedbug’s reputation precedes him, and the tales of horror are too overwhelming to take lightly. Bedbugs, parasites that snack on human blood, can survive temperatures that dip below freezing and soar above 100 degrees. They can go months without feeding – some say more than a year. More than enough to warrant my jumping, yelping reaction.


I smushed the bug, heart racing, and looked for the nearest escape. But simply running away would not do. Instead, I needed to assess my situation.


I put Mr. Bug in a Ziploc bag (despite a thorough smashing, he waved jauntily as I sealed him shut) and began to examine the couch. Bedbugs particularly like seams, corners, rolls in the fabric, and cording. If an infestation is severe, piles of cast-off skins and small white eggs can be found in little caches. The bugs also leave dark brown droppings dotted over areas where they have recently fed.


My search didn’t reveal much, but adults – flat, rusty-brown, and about the size of a pencil-eraser – generally hide during the day. Nymphs range from .5-4mm – easily small enough to hitch a ride on clothing, shoes, luggage, or hair without arousing suspicion. Once they reach their new home, they will burrow into the cracks around baseboards, to say nothing of the raging party they will have in mattresses.


The thing about bed bugs is that they can come from anywhere. Even if a hotel is scrupulous about maintenance, any person who walks in and sits on a couch can bring them and transfer them to the next person. Females lay eggs continuously (300 in a lifetime) so a lone straggler is enough to start an infestation.


So, I did what any sane and sensible person in my position would: I politely informed the hotel staff that I had found the dreaded critter, and then I got the heck out. I had the urge to tear off my clothes and burn them, but I settled for locking myself in the bathroom of the hotel next door and performing a careful inspection. I would need to wash my clothes in hot water and dry on “high” when I got home – a good policy for all travelers, especially if they’ve received suspicious bites on their trip. Suitcases should also be thoroughly inspected and vacuumed.


I said good-bye to Mr. Bug and threw him out in his sealed Ziploc – never throw out infested items (such as vacuum bags used to clean buggy furniture) without sealing them first – and sighed, secure in the knowledge that I’d sufficient precautions.


I settled down with a new pot of Earl Grey in my new hotel, ready to regain my earlier calm. It was a bustling lobby of tiny tables overflowing with a tipsy happy-hour crowd. Hotel happy hours are another reason I love this city’s hospitality industry: the bartenders are less hassled than at the typical neighborhood watering hole, and the people-watching is far better.
After a happy few hours (during which I switched from plain tea to G&T), I had finished a pile of work and was ready to pack up. I bid adieu to the bartender and looked for my pocketbook to leave a tip.


It was gone.


For the second time that day, I found myself groveling on the floor, lifting up couch cushions, and sweeping through curtains. I wished I’d had enough to drink to call the whole thing a hallucination, but by the time I found myself riffling the leaves of the potted plants, I had to admit that my wallet was not going to reappear.


I dumped out my purse (which is really just a canvas shoulder bag) I realized my phone was gone, too. Both had been in the bag, which had spent the last couple hours hanging on the back of my chair. This, obviously, was a huge mistake.
In all that cheery hustle and bustle, I’d been totally hustled. I have to hand it to my assailant – who, I’ll deduce from the $800 Nordstrom splurge, was a woman. She managed to get both items out of my possession without my noticing a thing. Of course, I did her a huge favor by favoring an open-style bag without a zipper or other closure. I love that my laptop and other sundries fit in the loose sack, and Ms. X loved that it enabled her to take a quick trip to Saks.


In just a few hours, Ms. X loaded a total of $6,000 of charges onto my Merrill Lynch Visa. To their credit, the folks at Chase Bank didn’t let the same thing happen to my debit card – when I called the hotline, a representative read me a list of fraudulent charges they had denied. Five minutes and a few identifying security questions later, I was slated to receive a new card in the mail.


It may seem obvious, but if your wallet is stolen, the absolute first order of business is to cancel your cards – even if means spending, as I did, the hours of 12 a.m. to 3 a.m. on the phone with a series of outsourced Visa workers. Word to the wise: it’s far easier to call your bank directly than deal with your credit card company. Like most US banks, Merrill Lynch has a 24-hour customer support line, and if I’d dialed it rather than the number I found on the Visa website, I’d have bypassed a long painful process. Furthermore, only my bank was able to tell me what charges had been made, and what I will need to do to reverse them.


And then there’s the police report: it’s a pain, especially because fraudulent charges mean you must appear at the station in-person, rather than filing online or by phone. But it’s also crucial in case you have troubles down the road with your bank, credit card company, or someone who wants to pretend they’re you. Reports are kept on file, and copies may be requested at a later date.


Verizon received an A+ for swiftly cutting service to my cell phone, switching me back to my old dumb-as-a-brick phone, and automatically crediting charges for my no longer needed data plan. By then, it was 4:00 a.m. The next day, I would need to tackle the new driver’s license, the new student ID, and the new keys. But first, I needed a good night’s sleep – in my own non-vaction home, in my bed bug-free bed.

Hundreds Protest Wells Fargo Shareholder Meeting in SF

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The New Bottom Line, a national campaign to hold banks accountable for foreclosures, kicked off in San Francisco this week, as hundredsmarched through the Financial District to demand that Wells Fargo change corporate policies that bankrupt families, dismantle neighborhoods, and empty public coffers.
During the bank’s annual May 3 shareholder meeting, a group of homeowners and clergy addressed Wells Fargo CEO John Stumpf to demand a foreclosure moratorium.
According to protest organizers, which include Contra Costa Interfaith, ACCE (Alliance of Californians for Community Empowerment) and other members of the New Bottom Line Campaign, unlike other national banks, Wells Fargo has not changed its foreclosure procedures despite reports of “robo-signing” and other foreclosure irregulalities.
“Since 2005, I have been fighting Wells for wrongful foreclosure,” San Leandro resident Donna Vieira said in a press statement. “But through this process, I have learned that I am not alone. A quarter of foreclosures in this country happen right here in California and 700,000 families are in foreclosure right now. We need these banks to have a new bottom line that includes investing in our communities.”
The New Bottom Line Campaign notes that, according to the U.S. Departments of Treasury and Housing and Urban Development, 350,169 Wells Fargo homeowners were eligible for the Home Affordable Modification Program (HAMP) by the end of 2009. But as of Feb 2011, only 77,402 homeowners have received permanent modifications.
Protestors note this only amounts to a 22 percent modification rate, more than two years after the HAMP program began. They also charge that Wells Fargo has canceled 118,697 trial modifications and denied 175,336 homeowners from accessing HAMP.But during this same two-year period, Wells Fargo received nearly $43.7 billion in federal bailout funds, according to a study by the nonpartisan think tank, Nomi Prins of Demos.And in 2010, Wells Fargo reported to the Securities and Exchange Commission that it paid its CEO John Stumpf more than $17 million, including a $14 million bonus.
Protestors also claimed that, over the last ten years, Wells Fargo has paid the lowest worldwide tax rate of the top five biggest banks and did not pay federal taxes in 2009.
Protestors said the May 3 action was supported by a coalition of community organizations, congregations, labor unions, and individuals working to challenge established big bank interests on behalf of struggling and middle-class communities.
“Together, we work to restructure Wall Street to help American families build wealth, close the country’s growing income inequality gap and advance a vision for how our economy can better serve the many rather than the few,” campaign organizers stated.
The New Bottom Line campaign, whic includes National People’s Action, PICO National Network, Alliance for a Just Society, ACCE, and Industrial Areas Foundation of the Southeast (IAF-SE), is making five main demands of Wells Fargo.


1.KEEP FAMILIES IN THEIR HOMES:
“We are demanding that Wells Fargo establish a moratorium on all foreclosures until it negotiates with our coalition to establish comprehensive reforms to their loan modification practices, including offering principal reduction; affordable, fixed interest rates; and provide proof of ownership of the loan,” NBL said in a press release. “We are also calling on Wells Fargo to cease all illegal evictions of tenants in foreclosed properties and commit to working with real estate companies and servicers who follow local and state tenant protection laws.”


2. STOP PREDATORY LENDING:
“We are demanding that Wells Fargo stop financing predatory payday lending companies and stop providing predatory payday loans to their own customers,” NBL stated.


3. REBUILD OUR NEIGHBORHOODS:
“Cities and counties estimate that it costs approximately $34,000 per each foreclosed home that becomes vacant and a potential blight on our communities,” NBL continued. “We are demanding you maintain and PAY the fines on your blighted properties and help share in the cost to our cities and counties starting with Cities and Counties throughout California with Foreclosure Blight and Building Registration Ordinances.”


4. PAY YOUR FAIR SHARE:
“Wells Fargo needs to stop exploiting loop‐holes in property tax laws and federal tax shelters to avoid paying its fair share of local, state and federal taxes,” NBL stated.


5. RESPECT HUMAN RIGHTS:
“We are calling on Wells Fargo to stop investing in the GEO Group and other corporations that are profiting off of immigrant detention centers and private prisons that detain immigrants and separate families,” NBL concluded.


During the May 3 action, eight protestors were reportedly arrested for civil disobedience.