Board of Supervisors

SF declares Pay Equity Day as it lowers salaries for women’s jobs

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The Board of Supervisors today declared April 9 Pay Equity Day in San Francisco, in recognition of the persistent national gap between male and female financial compensation. But with the city locked in a dispute with SEIU Local 1021 over pay cuts to jobs dominated by women and workers of color, the day took on special local significance. Ahead of the declaration, union members, activists, and supervisors rallied in front of City Hall, chanting against San Francisco’s wage inequality and the general climate of fiscal austerity.

Women in San Francisco earn just 84 cents for every dollar paid to their male counterparts. Although this figure is slightly higher than the national average of 77 cents per dollar, the discrepancy represents a yearly wage gap of $9,968 per year, according to the National Partnership for Women and Families. At today’s press conference in front of City Hall, Sup. Malia Cohen called the gap “unconscionable in a country as wealthy as ours.”

Cohen was joined by Sups. David Chiu and David Campos, who both spoke out against gender-based wage gaps. “It is important for men to speak out,” Chui said. “It wasn’t women who made the decision for pay to be unequal.” Campos went a step further, promising to vote against any budget that further entrenches unequal pay. “I will not support any budget that reflect this discrepancy,” he said.

SEIU Local 1021, which represents over half of city employees, is currently locked in a budget dispute with the city over pay cuts that would adversely affect women and workers of color. The city Department of Human Resources has recommended that the city cut the salaries of 16 categories of city workers, including personnel clerks and nursing technicians, which are disproportionately females and workers of color. The dispute was recently sent to an arbitrator.

At today’s event, local SEIU leaders and the San Francisco Women’s Political Committee (SFWPC) continued to pressure the city to reconsider the salary cuts. SFWPC President Laura Hahn called persistent pay inequality “embarrassing.”

“If we can’t achieve it here in San Francisco where are we going to do it?” she asked.

Former Supervisor Chris Daly, who now works as political director for SEIU 1021, echoed Hahn’s concerns and charged that the proposal to cut pay for female-dominated categories calls into question the city’s long term commitment to pay equity.

“If you ask Mayor Lee if he supports wage equality, of course he will say yes,” Daly told us. “But in reality, his Department of Human Resources is rolling back progress.” Daly’s repeated requests for Mayor Lee to intervene in the wage-cut arbitration have not yet been answered.
But for the DHR, the recommended cuts have more to do with fiscal reality than gender equality. At a March 7th budget hearing, DHR director Micki Callahan said, “It would be improper to base any decision on demographics.”

She voiced concern over the “root causes” of pay discrepancy, but indicated that these issues fall outside the purview of her department. Spokespeople for the the DHR department have repeatedly assured us that the proposed budget cuts have nothing to do with gender, but rather reflect an effort to bring city salaries in line with market forces.

No progress in condo conversion standoff, despite the Chron’s spin

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Perhaps it was just an unfunny April Fool’s Day joke or some wishful political spin, but the San Francisco Chronicle’s April 1 article about how tenancy-in-common owners and their political supporters are pushing legislation that would allow them to bypass the condo conversion lottery seriously misrepresented the city’s biggest current political standoff.

Nevermind the article’s over-the-top bias in favor of those poor, hard-luck TIC owners, like the featured Pacific Heights couple forced to raise their baby in a closet when all they really want to do is flip the apartment they bought for a profit. Or how the Chron all-but-ignored the fact that these TICs were rent-controlled apartments in a city where two-thirds of citizens rent. That kind of top-down view of the world is pretty typical for the Chron, even in its news stories, despite the paper’s strained claim to “objectivity.”

No, the article’s real sin was to get the basic facts wrong on where this political stalemate now stands, presenting the wishful spin of one side as if it were the latest news. Between the headline, “Owners seeking condo conversions may have shot” and the first deckhead, “Making progress” (which plays off this paragraph. “’I think we’re making progress in our discussions and negotiations,’ said [sponsoring Sup. Mark] Farrell, while noting the talks with tenant advocates, TIC owners, and real estate interests are ‘far from the finish line.’”) the article leaves the impression current negotiations may produce a compromise.

But the problem is that there aren’t any current negotiations between the two sides, and there haven’t been for weeks, according to tenant and other involved sources. In fact, they say there’s been no movement in this standoff since almost a month ago when I last reported that tenant groups and progressive supervisors were preparing a set of hostile amendments to the legislation.

They would allow a one-time condo lottery bypass for the nearly 2,500 TIC owners in the pipeline in exchange to shutting down the lottery for many years and preventing any conversions of rent-controlled apartments into condos until city builds a comparable amount of new affordable housing, and then probably restricting condo conversions to smaller buildings after that to protect large rent-controlled apartment buildings from real estate speculators.

That proposed compromise, which the article barely mentions before letting Farrell say “his legislation poses no threat to rent control,” would help the poor Pacific Heights couple at the center of the article. But the real estate industry and its conservative allies don’t really care about that couple as much as they do maintaining the flow of rental units into the real estate market, which is why the negotiations have broken down.

Instead, the Chron has Sup. London Breed – who is indeed a swing vote of the issue, but not one that tenant groups are counting on given how close she is to Plan C and the landlord lobby – citing a compromise proposal that would prevent the new condo owners from selling their properties for five years to discourage real estate speculation.

Perhaps that’s something the TIC owners and real estate interests that the article relies on think is a realistic compromise, but it’s not something that has been seriously discussed with tenant groups, mediating Sup. David Chiu, or the other interests that would be needed to pass this legislation.

Sara Shortt, the token tenant activist that the Chron talked to for the article, confirmed to us that there is no real compromise deal in the works and preventing the creation of new condos from existing apartments is a bottom-line issue that unites everyone who is now opposed to this legislation.

“The Plan C/Realtor etc. won’t concede on our key issue: restriction on future conversions in exchange for the bypass. We have given as much as we can give and they have given virtually nothing in return,” Shortt, executive director of the Housing Right Committee, told us by email.

Even Sup. Scott Wiener, who co-sponsors the legislation with Farrell, told us there has been “no change from before,” when negotiations broke down. But the legislation is on the April 15 agenda for the Land Use and Economic Development Committee – for the fifth time, with most hearings canceled because of the lack of negotiating progress.

If the Realtors and Plan C (which is dominated by real estate and banking interests) stick to their intransigent position – hurting this poor Pac Heights couple in the process, which the Chron fails to note – then tenants and progressive supervisors are likely to amend the legislation and call the bluff of those who claim this issue is simply about poor TIC owners stuck with shared mortgages.

Tech Bubble 2.0

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OPINION We all remember the first dot-com bubble, right? Web technology start-ups flocked to San Francisco in the late 1990s. Thousands of would-be entrepreneurs and techies filled up the city. Gentrification of Central City neighborhoods accelerated sharply. Apartment rents jumped, followed by the condo boom. Demand for commercial office space, especially South of Market, quickly grew red-hot. Rents zoomed, and office developers rushed dozens of proposed new projects forward.

The leaders of Mayor Willie Brown’s gutless Planning Department rubber-stamped all they could, and decried the annual limit imposed on their approvals by the 1986 community-activist-sponsored Proposition M ballot measure.

The activists and the mayor put two competing measures on the November 2000 ballot in response. Both lost, but the progressive slate for the Board of Supervisors swept that election, defeating most of the mayor’s candidates.

And then Tech Bubble 1.0 popped. The peak year was 2000. The big dot-com bust, 9/11, and finally the Great Recession all followed.

The city’s office market crashed. Some new office buildings were foreclosed by their lenders. Many approved office developments went unbuilt. Overall office market vacancies approached 20 percent by 2010.

Ah, but here we go again — Tech Bubble 2.0! A new wave of recent technology industry start-ups — like Twitter and Yelp — are joining the growing survivors of Bubble Number 1 — like Salesforce. And San Francisco has become a premiere national media venue for the tech industry.

Thousands of would-be entrepreneurs and techies are again filling up the city. Apartment rents are going through the roof. Gentrification of Central City neighborhoods is accelerating even faster. Demand for commercial office space, still in SoMa, is red-hot again.

But by 2011 so much vacant space was on the market, and so many approved buildings were waiting for anchor tenants to start construction, that there has been room for them all so far. Several new buildings got underway. Mayor Ed Lee strategically took advantage of this market boom to target economic expansion to the Central Market District, the last disinvested zone of San Francisco’s Downtown.

Even today though, city office vacancies still exceed 5 percent. And according to the most recent Planning Department report, more than a dozen already-approved new buildings, totaling more than 4.5 million square feet, are waiting to start construction in the Transbay Transit District, South of Market, and Mission Bay. Another 5 million feet of office space is proposed for more than a dozen more pipeline projects for those areas. Plus another 2.5 million feet is planned for projects on Port property — including the San Francisco Giant’s huge project — that are not even on the Planning Department’s list yet!

How does this total of 12 million square feet of pending new San Francisco office buildings compare to historic demand? Going back to 1986, the amount of new office space actually built — true long-term market demand through the boom/bust business cycles — averages out to about only 750,000 square feet a year. The city’s old-school corporate headquarters dramatically downsized or even moved out of San Francisco — like Chevron and Bank of America — and that’s still ongoing. The new tech industry is mostly replacing them. So these 30+ identifiable current projects would provide a 16-year supply of office space at historic rates.

But even in the face of this evident market glut of future office buildings, the usual civic development hypsters are once again muttering about gutting Proposition M, and radically upzoning Soma for even greater office expansion. Is that who City Hall will listen to this time too?

Bubble? What Bubble? [Pop!]

John Elberling is executive director of the Tenants and Owners Development Corporation.

Dirty war over clean power

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tredmond@sfbg.com

It was supposed to be part of Ed Harrington’s legacy, and the chief of the city’s Public Utilities Commission delayed his retirement to make sure it happened.

But six months after the Board of Supervisors voted 8-3 to move forward with CleanPowerSF, the plan is under attack from all sides. Pacific Gas & Electric Company’s house union is spending big chunks of money to shoot it down. The press is loaded with accounts of how expensive it’s going to be for customers. Advocates on the left are blasting it as too limited.

Critics say Harrington’s replacement, Harlan Kelly, is far less interested in making a program work that clearly lacks the support of a PG&E-friendly mayor.

That’s left Sup. David Campos, City Hall’s chief proponent for CleanPowerSF, trying to move forward with a program that, for all its flaws, is the city’s best chance to put a crack in PG&E’s monopoly.

CleanPowerSF will offer San Franciscans a greener alternative to PG&E power, most of which comes from nonrenewable sources. The city will buy renewable power in bulk, through Shell Energy, and distribute it to customers along PG&E’s lines.

A similar system is working well in Marin County, and communities all over the state are looking to see if a city the size of San Francisco — where PG&E has kept out any hint of competition for a century — can pull it off.

Clean power is more expensive right now, and that’s one sticking point: City officials recognize that not all San Franciscans will be willing to pay a premium (of perhaps $10 to $20 a month) for the option. An SFPUC survey released March 25 showed that about 45 percent of the city’s customers would pay extra for clean power and stick with the new program. Earlier studies suggested that 90,000 customers will remain with CleanPowerSF — enough to make the system financially viable.

(Interestingly, the areas most likely to pay extra to avoid fossil fuels are not the wealthiest parts of town. Most of the customers would be on the Eastside, in communities like the Mission, Potrero Hill, the Haight, and Noe Valley.)

The bigger problem with the current debate is that advocates and city officials can’t agree how much money the city ought to spend, on what schedule, to build its own renewable generation system, which would eventually replace much of the power purchased by Shell.

“In the past we would have figures and claims from all sides, and Ed Harrington would look at the numbers and figure it all out, and everybody trusted him,” Campos said. “But we don’t have Ed any more, and Kelly doesn’t seem to be as strongly behind this.”

Building a green-power infrastructure was always a critical part of the CleanPowerSF plan. And once the city has a system up and running, it can use the revenue stream to float bonds to pay for building solar, wind, and cogeneration facilities.

Over time, the locally generated power would be far cheaper than what anyone can offer today, meaning rates would come down.

“We agreed to move the sales agreement forward to get the system started, then keep working on the build-out,” Campos explained.

But a campaign by International Brotherhood of Electrical Workers Local 1245, which represents PG&E employees and is historically allied with the company’s political goals, is trying to scare customers away with claims of high rates. And in fact, the first rate proposals were above what Campos and others were hoping for.

So the Local Agency Formation Commission, which oversees CleanPowerSF for the supervisors, and the SFPUC, have send staff back to try to find ways to cut rates.

Meanwhile, Kelly wants to de-couple the public build-out from the Shell agreement, in essence launching the program with the most expensive elements in place — and potentially undermining the future of a publicly owned energy infrastructure.

That has some clean-energy advocates furious — and they’ve threatened to withdraw their support for the program.

“Ever since Harlan Kelly took over, the PUC staff has been less supportive of a robust build-out,” Eric Brooks, who works with Our City has been a longtime supporter of CleanPowerSF, told us. “We’re not saying the city should stop moving forward with the Shell deal, but the city has to continue the planning work for the build-out. It can’t be a piecemeal thing.”

The SFPUC hired a Marin-based outfit called Local Power, led by longtime clean-energy advocate Paul Fenn, to do some preliminary work on how a build-out could proceed. Fenn’s conclusion: The city could create 1,500 to 3,000 jobs and build enough renewable energy to power much of the city, over a seven-year period — at a cost of about $1 billion.

That’s a huge tab — and almost certainly more ambitious than this SFPUC and Board of Supervisors could accept.

Fenn told us that his economic analysis, presented to the SFPUC’s Rate Fairness Board Feb. 18, indicates that the city’s cash flow from CleanPowerSF with a renewable build-out would more than cover the payments on the bonds. But he also agreed that he’s suggesting the best possible alternative — and he expects the city would go for a much smaller piece.

“The Board of Supervisors hasn’t made the decision to spend that kind of money,” he said.

Fenn’s contract expired April 1, and the SFPUC hasn’t renewed it. Instead, another consultant will review Local Power’s work, Campos said.

Part of the political challenge is that Local Power has proposed that much of the build-out include what’s known as “distributed generation” — small-scale solar, wind, and cogen projects on private houses and buildings.

Those installations would be “behind the meter” — that is, they would allow households and businesses to generate their own power without buying it through PG&E’s distribution system.

The build-out proposals that the SFPUC staff have discussed are primarily larger solar arrays, some on land the city owns in the East Bay.

“That’s the most expensive way to do this, and it allows PG&E to still control the transmission and distribution,” Brooks said.

[TK-SFPUC comment Monday.]

Meanwhile, PG&E is preparing to roll out its own competing “green energy” plan — while IBEW ramps up it assault on CleanPowerSF.

The IBEW campaign includes robo-calls, mailers, and advertising, all aimed at convincing customers to opt out of the city program.

And now, with advocates from the Sierra Club to Our City criticizing the program on the left, and IBEW trying to undermine it before it gets going, there’s a real chance that a plan more than 10 years in the making could be in trouble.

That concerns Campos. “All I’m hearing from the advocates is negative,” he said. “I want more build-out, too, but unless we move forward with the program, we won’t be able to do that.”

In fact, he said, “you could wind up killing it and have nothing to show for it at all.”

That, of course, would be PG&E’s preferred alternative.

DA’s office makeover may have skirted the rules

In a San Francisco Chronicle article published March 31, District Attorney George Gascon was quoted as saying he would not “even bother to defend” his decision to accept payments and in-kind donations for office furniture, valued at $26,445, from a roster of influential donors.

Although San Francisco’s top law enforcement official minimized the issue when questioned by reporters, it appears the DA may not have followed a number of state disclosure regulations when he accepted and reported the donation, which consists of a new glass-top desk and other trimmings to spruce up his executive office and the DA’s victim services lounge.

And the Guardian has learned that a formal complaint will be filed with the California Fair Political Practices Commission, a government accountability agency, alleging violations.

Charles Marsteller, a public ethics advocate and former co-coordinator of San Francisco Common Cause, sent the Guardian a copy of a complaint he intends to file with the FPPC, charging that Gascon either failed to properly disclose political contributions, or violated a gift limit imposed by state law.

“The District Attorney appears to be actively disregarding the applicable state law regarding the furniture payments,” a statement attached to Marsteller’s complaint notes.

Thirteen well-connected donors contributed payments toward the office set, with billionaire angel investor Ron Conway outspending the rest with a monetary contribution just shy of $10,000.

Other contributors, who gave between $1,000 and $2,000, included the Nibbi Brothers Contractors, who have worked on public housing renovations and other residential housing projects within San Francisco; Victor Makras, a member of the San Francisco Employees Retirement System board; Pius Lee, who previously served on the Police Commission; Charlotte Schultz, who holds the position of San Francisco’s Chief of Protocol, and Ryan Brooks, who formerly served on the city’s Public Utilities Commission.

The kind of disclosure form Gascon filed to report the new furniture, known as a behested payment report, is filed in cases where an elected official solicits a donation to a nonprofit entity or a government agency, and successfully secures a payment exceeding $5,000. In the case of governmental agencies, behested payments benefit a department as a whole, rather than any particular individual.

The fact that the donation was reported on a behested payment report, rather than a gift disclosure form, suggests that the new office furniture arrived only after Gascon requested it specifically, to benefit the DA office as a whole. But Marsteller’s complaint charges: “Since the furniture payments at issue were made for the benefit of Gascon’s own use, they would not constitute a behested payment that must be reported on Form 803.”

The complaint goes on to state that payments for Gascon’s furniture should either be counted as “contributions” or “gifts,” but not “behested payments.”

According to a memo prepared by the San Francisco City Attorney in 2008, department heads must obtain Board approval before accepting donations made to public agencies.

“Generally, the Board of Supervisors must approve, by resolution, any gift with a value greater than $10,000 before a City agency or department accepts such a gift,” according to a 2008 memo drafted by San Francisco Deputy City Attorney Jon Givner. The total value of the new office furniture is $26,445, but the funding was divided up among numerous donors, with payments submitted over the course of several months. Conway contributed $9,999 – exactly one dollar under the $10,000 disclosure threshold.

However, Gascon did not solicit Board approval before accepting the furniture payments. Instead, he submitted a resolution and memo to the Clerk of the Board on March 19, to be introduced at the April 2 Board meeting, seeking retroactive approval.

“Apparently, Gascon decided that he should seek to sanitize any violation of San Francisco’s Charter provision regarding acceptance of gifts by requesting retroactive approval,” Marsteller’s complaint suggests.

Reached on his cell phone and asked to comment for this story, Gascon told the Guardian that he was unable to answer questions at that time because a family member was undergoing surgery.

The 2008 memo from the City Attorney also states that city agencies “must report gifts worth more than $100 on the department’s website.” Visitors to the DA’s website will find a section on the “About” page, titled “Supporters of the San Francisco District Attorney’s Office,” which links to a PDF disclosing the donors’ names and individual gift amounts. However, a search on the Wayback Machine, a historical webpage snapshot service provided by the Internet Archive, shows that as of March 12, that disclosure section had not yet been created.

It’s possible that it was created as a result of questions raised. Larry Bush, who maintains a government watchdog news site called CitiReport, told the Guardian he began raising questions about the gift in March. Marsteller’s complaint is endorsed by Friends of Ethics, an ad hoc government accountability group that has also been scrutinizing the furniture payments.

Reached by phone, City Attorney spokesperson Matt Dorsey said he was unable to offer an official comment on the matter. “I wouldn’t be able to comment on, or even acknowledge whether, we gave advice or were asked for advice,” Dorsey told the Guardian.

Airbnb’s tax and tenant law violations headed for hearings

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As Airbnb continues to avoid making any public comment on the $1.8 million annual Transient Occupancy Tax obligation to the city that it appears to be dodging, with the complicity of the Mayor’s Office, Board of Supervisors President David Chiu is getting closer to introducing legislation to regulate so-called “shared housing” and holding public hearings on the issues it raises.

In addition to the tax issue, there are concerns that Airbnb, VRBO.com, and other Internet-based sites that facilitate short-term rentals of San Francisco apartments are increasingly being used to circumvent local tenant protections, often after evicting tenants from the apartments using the Ellis Act. That state law allows owners to leave the rental business and convert to other uses, and landlords can argue that Airbnb is a commercial use and not a residential use.

“I’ve been deep into a lot of these issues in my conversations with a lot of community stakeholders around Airbnb and the area of shareable housing and I’m hoping very soon to have a package of proposals in this area. And at that point, we’ll have public hearings on the topics that you describe,” Chiu told us when we asked about the tax and tenants issues.

Among those involved in Chiu’s negotiations with Airbnb is Ted Gullicksen, executive director of the San Francisco Tenants Union, who says the negotiations have been slow-going but he’s generally happy with how they’re proceeding and hopeful that the resulting legislation will rein in rampant current abuses of zoning, tax, and other regulations that city officials have been ignoring.

“All you have to do is sit in front of the computer for a few hours and you can identify a lot of the lawbreakers. But there’s no enforcement by the city,” he said, noting that the Tax Collector’s Office is the notable exception among city departments, such as the Planning and Building departments. “The taxes shouldn’t even be an issue because they’re illegal uses.”

For example, while landlords may be able to get around rental restrictions triggered by an Ellis Act eviction by calling the use for shared housing websites “commercial,” that’s usually a violation of local planning codes prohibiting commercial use of residential property. Chiu’s legislation approved late last year banning “hotelization,” in which entire apartment buildings are cleared of tenants and rented out on a short-term basis, allows nonprofit groups like the Tenants Union to help enforce the ban.

“We’ve been researching the buildings we want to go after with complaints and lawsuits,” Gullicksen said. “It’s a pretty widespread problem.”

He said the VRBO.com appears to be a bigger culprit in terms of being used by landlords to avoid tenant protections than Airbnb, whose hosts are evenly split between tenants and landlords. But as the biggest shared housing service in San Francisco, the tax issues are bigger for Airbnb and the city.

“We don’t mind the limited use of someone’s principal residence for short-term rental, where we’re concerned is about the whole buildings,” Gullicksen said.

Whether the issue is avoiding taxes or circumventing tenant protections, the complicated issues surrounding shared housing are long overdue for some public discussions and scrutiny, and it sounds like that’s what we’re see later this spring or summer.

Sutter/CPMC agrees to a contract with its nurses in SF, clearing the path for its hospital deal

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Ending a long and contentious labor impasse and setting the stage for the city to approve the pair of new hospitals that Sutter Health and its California Pacific Medical Center affiliate want to build in San Francisco, the California Nurses Association today announced that it has reached a tentative contract agreement with the hospital corporations.

As we’ve reported, reaching a deal with its nurses seemed to be the last major hurdle for Sutter/CPMC to overcome before the community-labor coalition would fully support the compromise hospital deal that a city-CPMC negotiating team announced on March 5. The nurses helped force that hard-won deal in part by aggressively advocating for St. Luke’s Hospital to remain financially viable and open to the low-income community it serves.

“We are delighted to finally reach a contract deal. It’s been six years of a very contentious relationship,” Eileen Prendiville, a registered nurse who works at CPMC’s California Campus, told the Guardian. She said that the nurses are thrilled to have attained good job security and patient advocacy standards while ensuring St. Luke’s stays open. “Working with a coalition of labor and community, we were successful at changing the face of healthcare in San Francisco.”

Under a previous agreement reached last year between CPMC and the Mayor’s Office, St. Luke’s would have had just 80 beds and could have been closed if the corporations revenues sagged. But activists and the Board of Supervisors were able to kill it and force the corporations back to the bargaining table.

In today’s print edition of the Guardian, I cover the movement to value caregiving in our uncaring economic system and the key role that CNA has played has in that growing movement. In San Francisco, CNA has faced down lawsuits, lock-outs, and harsh union-busting tactics as it pushed for contracts with strong patient advocacy protections.

Sup. David Campos, who help negotiate the latest hospital deal, said he was “thrilled” to hear Sutter/CPMC reached a deal with CNA. “We’ve always said it’s really important as we finalize the agreement that there is protection for the workers,” Campos told us.

Board President David Chiu, another key negotiator in the recent deal, told us, “I’m tremendously excited that there’s finally an agreement between oru nurses and CPMC, and thank the parties for their hard work in reaching this point. Along with the agreement we recently arrived at for the new Cathedral Hill and St. Luke’s campuses, this is an important moment for our city’s health care futue.”

CPMC spokespersons didn’t immediately respond to our calls for comment, but we’ll update this post if and when we hear back. The CNA press release announcing the deal and its details follows:

 

 

Nurses Reach Agreement with Sutter California Pacific

RNs Hail Community Support, Decision to Keep St. Luke’s Open 

 

Registered nurses at two San Francisco Sutter hospitals, California Pacific Medical Center and St. Luke’s Hospital, have, at long last, reached agreement with hospital officials on a new collective bargaining contract for the 800 RNs who work at the two facilities, the California Nurses Association said today.

The agreement expands patient protections, strengthens the nurses’ bargaining and job security rights, and provides for economic gains. It must still be ratified by CPMC and St. Luke’s nurses who will vote on the pact in membership meetings soon.

The RNs emphasized that they are especially pleased with the overall political and community framework, announced earlier this month, that preserves St. Luke’s after years of uncertainly and threats of closure for the historic hospital that serves a medically underserved community in San Francisco.

CNA Executive Director RoseAnn DeMoro praised the unity of the nurses over the long contract fight and the broad public support for nurses as critical to protecting St. Luke’s and winning a new agreement for the nurses.

“San Francisco nurses have worked extremely hard, with the widespread support of a very broad community coalition and the support of a number of community leaders, including members of the Board of Supervisors, to protect this vital community resource. We are proud of the efforts of everyone who has held the line for maintaining St. Luke’s,” DeMoro said.

For the first time, the RNs at both hospitals will be under one contract with equal job security and seniority rights. The pact includes safe patient handling provisions to stem patient falls and injuries to patients and nurses. Additionally it obligates the employer to provide for meal and rest breaks and stipulates that new technology not supplant RN professional judgment.

On economics, all the RNs will receive across the board pay increases of 6 percent over the next 34 months, as well as additional pay based on years of service in the San Francisco hospitals, at other Sutter facilities, and foreign nursing experience.

“We are delighted to finally reach a contract settlement with Sutter/CPMC,” said California Pacific campus RN Susan Blaschak RN.  “Our contract provides for continued patient advocacy and will keep our professional nursing standards high for years to come.”

“The process has been tumultuous but in the end we had a vision and we were successful in performing the ultimate in patient advocacy – saving St Luke’s,” said Jane Sandoval, a St. Luke’s RN and CNA board member. “In addition, with our collective bargaining agreement we have preserved patient care standards, having a voice in that and in our professional integrity.”

“Working with a coalition of labor and community groups, we have been successful in changing the face of healthcare for San Francisco’s future. St Luke’s will not only remain open it will offer more healthcare services to residents in the community south of Market,” said Eileen Prendiville RN at the California Pacific campus of CPMC.

“Our contract settlement was also made possible by the strong support for the nurses by San Franciscans for Healthcare, Housing, Jobs and Justice as well as elected leaders who knew San Franciscans overall would be best served by a fair collective bargaining agreement,” said Sandoval.

CNA also calls on Sutter officials in its headquarters in Sacramento, and other Sutter regions to view the San Francisco agreement as a new opportunity to resolve outstanding contract fights with RNs in the East Bay and North Bay.

Nurses have now reached agreement with CNA-represented Sutter hospitals in the past nine months at Mills-Peninsula in Burlingame and San Mateo, Sutter Santa Rosa, Sutter Lakeside in Lakeport, and Sutter VNA in Santa Cruz.

Contracts remain unresolved at Alta Bates Summit in Berkeley and Oakland, Eden in Castro Valley and San Leandro, Sutter Delta in Antioch, Sutter Solano in Vallejo, and Sutter Novato.

“Every one of those disputes could also be resolved if those hospital’s officials would approach negotiations with a desire to stop the war on their nurses, remove unwarranted and punitive concessions demands, and show the community served by their hospitals that they desire a cooperative relationship with nurses based on therapeutic healing for their patients,” said Sandoval.

Mayor Lee’s mysterious breakfast companions [UPDATED]

See an update to this story below. San Francisco Mayor Ed Lee has been having breakfast with CEOs to seek millions in funding for the America’s Cup, but the identities of those CEOs remain a mystery.

At a City Hall hearing two weeks ago, America’s Cup Organizing Committee chief Kyri McClellan told supervisors that Lee has been “putting an incredible amount of energy” into fundraising to cover city costs for the America’s Cup. As the yacht race draws closer, pressure is building around an anticipated funding shortfall that could deal a blow to city coffers.

McClellan told supervisors that Lee was “holding breakfasts with CEOs” to raise money. Encouragingly, she added, “people are responding.”

So, who are the CEOs? And how much have they agreed to contribute? So far, nobody has disclosed that information.

Shortly after the hearing, the Guardian submitted a public records request to Lee’s office seeking documentation on the fundraising breakfasts and records showing the names and affiliations of the CEOs.

In response, we received several pages from the mayor’s calendar. Entries show that Lee held half a dozen meetings concerning “economic development,” with no mention of the America’s Cup. The mayor had a meeting at Waterbar, a restaurant on the Embarcadero overlooking the Bay Bridge, on the morning of Jan. 25; he had another meeting there Feb. 1; he met at the Hotel Vitale on Feb. 22; met at City Hall on Feb. 28; had breakfast at the St. Regis Hotel on March 1, and had lunch with someone at Original Joe’s on March 4. But there was no information disclosing whom he met with.

After receiving the documents, the Guardian left multiple voicemails with the mayor’s press office asking for the identities of the CEOs. So far, nobody has responded.

The request also yielded a fundraising form that asks prospective donors to “join the 2013 America’s Cup San Francisco Host Committee.”

Donors could opt to become a “Legacy Benefactor” for committing to give or raise $5 million; a “Legacy Partner” for $2.5 million; a “Strategic Partner” for $1 million, a “Civic Champion” for $500,000, or a mere “Member” for $250,000. Donors with questions or who wished “to connect with Mayor Lee” could call Stephanie Roumeliotes, the form noted. 

Roumeliotes is a prominent fundraiser and political strategist who provided financial consulting for the re-election campaigns of Senators Dianne Feinstein and Barbara Boxer. She was appointed to serve on the Golden Gate Concourse Authority, a part of the Recreation and Parks Department, by former Mayor Gavin Newsom.

A call to the number listed went to SGR Consulting, Roumeliotes’ firm. The receptionist declined to comment or to connect the Guardian with Roumeliotes, saying, “All press inquiries should be directed to the Mayor’s Office.”

UPDATE: We just received a voicemail from Christine Falvey, Mayor Lee’s press secretary, who told us “I don’t have a list of the attendees for those breakfasts. They were hosted by the America’s Cup Organizing Committee.” Which raises more questions, but in any case we placed a call to race organizers and will update again when we know more.

LGBT youth law, ignored

Thirteen years ago, the San Francisco Board of Supervisors enacted an ordinance designed to make city services more accessible to lesbian, gay, bisexual and transgender youth. Under Chapter 12N of the San Francisco Administrative Code, city departments must provide LGBT sensitivity training “to any employee or volunteer who has direct contact with youth.” It also applies to any collaborative youth service providers who receive $50,000 or more in city funding.

Fueled with great intentions, 12N is the letter of the law in a city known for its tolerance and forward-thinking, progressive values. “San Francisco is committed to ensuring that LGBTQ youth receive the same level of dignity and respect as granted to all residents when encountering city services and programs,” a statement on the Human Rights Commission website reads.

There’s only one problem. With the exception of one department, 12N has never actually been implemented.

Last week, Paul Monge-Rodriguez, a 23-year-old appointee to the San Francisco Youth Commission, approached the Harvey Milk LGBT Democratic Club to point out that 12N has never been put into practice.

“To this day, there’s only one city department in compliance, and that’s the Department of Public Health,” Monge-Rodriguez explained in an interview with the Guardian. Other major service providers include the Human Services Agency, the Department of Children Youth & their Families, and the Office of Economic and Workforce Development.

An effort to push implementation, led by the Youth Commission, the Human Rights Commission and LYRIC — a nonprofit organization addressing issues facing LGBT youth — is gaining traction. Sup. John Avalos called for a hearing; following Monge-Rodriguez’s presentation, the Milk Club voted to formally support the effort.

“We pass these laws, but then when it comes to putting it in action, we don’t always live up to the legislation,” Avalos told the Guardian. “Basically, the city hasn’t implemented the program in terms of providing training for city staff.”

Jodi Schwartz, executive director of LYRIC, argues that 12N implementation should involve collection of sexual orientation and transgender identity data so as to better inform agencies about the populations they serve. The San Francisco Unified School District is the only district nationwide that collects sexual orientation and gender identity data when studying risk behavior for middle and high school students — and the results of a 2011 SFUSD anonymous survey revealed an alarming number of suicide attempts reported among queer youth.

According to SFUSD’s suicide indicators analysis, more than a third of high school students and nearly half of middle school students who self-identified as transgender reported having attempted suicide at some point; meanwhile, about a third of middle school students and about 17 percent of high school students who identified as lesbian, gay or bisexual also reported having attempted suicide.

The data is based on extrapolations and assumes no overlap between transgender and LGB populations, and concrete data in this realm is generally difficult to obtain. But based on the SFUSD data, LYRIC estimated that more than 1,000 LGBT students in middle and high school had reported attempting suicide. It’s a disturbing figure to say the least. If other agencies begin collecting such data, Schwartz argues, “they’ll use it to inform their priorities as an institution.”

Youth Commissioner Mia Tu Mutch, 22, helped create a training video that was shown to city staff at the Department of Public Health as part of a pilot program to initiate the sensitivity training mandated under 12N.

“Some of the stories talked about trans people feeling unsafe or unwelcome by service providers,” she explained when asked about the video, which was not made publicly available. “One featured a gender-queer young person who felt more comfortable using gender-neutral terms, but the intake person went out of their way to use the wrong pronoun.”

Tu Mutch worked with LYRIC to create a Tumblr site, entitled 12N Now or Never, featuring photographs of queer youth holding up signs asking for immediate 12N implementation. Her own sign reads, “I need 12N because youth shouldn’t have to educate adults.” Another message, posted by a young person named Vincent, reads, “I need 12N because I don’t want my kids to be judged like I was.”

“I think it just speaks to the bureaucratic process,” David Miree, spokesperson for the Human Rights Commission, responded when asked about the long delay. “The great intentions were there to put it into an ordinance. But what had to happen was, there had to be someone, or some community, or some agency” to step in and make it happen.

Schwartz takes a different view on why so little has been done. “There’s a lack of political will,” she says, “to invest the resources to do the transformation that’s necessary.”

Campaign to ban bottled water sales in national parks targets GGNRA

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UPDATED A national campaign to ban the sale of disposal plastic water and soda bottles in our national parks – which is being actively opposed by Coca-Cola and others who bottle and sell water, that most basic of life-sustaining resources – has arrived in San Francisco as it targets Yosemite and the Golden Gate National Recreation Area.

“We have thousands of people in the area who are very supportive and working hard on this,” Alyse Opatowski, an organizer with Corporate Accountability International’s Think Outside the Bottle campaign, told the Guardian.

Opatowski and a host of local supporters – including Board of Supervisors President David Chiu, Sierra Club Chapter Executive Director Michelle Meyer, and Hans Florine, who holds a world record for speed climbing in Yosemite – will rally tomorrow (Wed/27) at 10:30am in Crissy Field to publicize the campaign and hold a blind taste tasting comparing San Francisco tap water to bottled waters.

And we know who wins that one, right? San Franciscans are justifiably proud of our water, the best urban water in the country, arriving to us through what’s essentially a gravity-fed straw from the Hetch Hetchy Reservoir adjacent to Yosemite. Even though that project broke famed naturalist John Muir’s heart a century ago, it was a engineering marvel and enduring source of clean power and water that we voted overwhelmingly to protect in November when voters rejected a study of the sentimentalists’ dream of removing it.

But back to the issue at hand: activists say that selling single-use water bottles in the national parks in antithetical to environmental stewardship. Health advocates have made some progress in curtailing our addiction to soda, but those crafty soda companies responded by commodifying that which is available basically for free in every locality in the country. And they aren’t about to give up that market without a fight.

Coca-Cola – whose spokespeople haven’t yet returned out calls for comment – gives lots of money to the National Parks Foundation and has used that influence to stall efforts to have the National Parks Service ban bottled water. So the campaign is targetting individual regions, including the GGNRA, which seems well positioned to advance the cause.

Cheers to that.

UPDATE 3/27: American Beverage Association spokesperson Chuck Finnie issued a prepared statement to us that began, “Eliminating plastic bottles altogether isn’t the answer because it limits personal choice and doesn’t address the bigger picture. People should have the choice to decide how they drink water in a National Park — from a bottle of water, from a water fountain, or from a refillable container. While making that choice, they should be educated on the benefits of recycling and ways to do so.”

Live Shots: LGBT Community Center celebrates 11 colorful years

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Photos by Bowerbird Photography

Last Saturday, the disco ball sparkled from above, while below on the dance floor, party-goers glittered in gold. There was much to celebrate, with the SF LGBT Community Center‘s annual gala “Soiree” celebrating 11 years of sercing the community — and even more to drink, with bottomless bottles of champagne. There were also plenty of sights to drink in, including a few bottomless pairs of pants!

Of course, it was partying with a cause: tickets and auction items went to benefit the Center and their programs. With same-sex marriage equality rights in the balance this week at the U.S. Supreme Court, the Center made it clear that the LGBT community can always depend on them, regardless the outcome. District Supervisors David Campos and Scott Weiner also were in attendance and voiced their commitment to the Center.

Tita Aida worked the stage, introducing one great drag act after the other, including performances by Honey Mahogany, Ambrosia Salad, Miss Rahni, and Alotta Boutte. The theme was Studio 11, explaining why Salvador Dali watched haughtily from the VIP section, as boys in golden spanky pants made their rounds turning eyes. It was a night to remember, or at least a night to try to remember (after all that booze!). Congratulations to the LGBT Center for another year of amazing work and for throwing another wonderful gay-la.

 

Spare change, Larry?

Tensions flared over the America’s Cup last week as critics called for billionaire yacht owner Larry Ellison to cover the looming city deficit out of his own deep pockets.

It’s evidently a popular idea: A petition asking Ellison to pony up had collected 1,663 signatures as of Wednesday morning.

The language in the petition, started by former Sup. Aaron Peskin, cuts straight to the point: “Your net worth is $43 billion,” it states. “Covering the America’s Cup debt would be equivalent to a person who has $40,000 donating $13.95. Is that too much to ask?”

At a hearing March 13, Sup. John Avalos asked why the city’s General Fund was on the hook to help cover costs for the yachting event, despite earlier assurances that the city would be reimbursed for tournament-related expenses.

The prestigious international yacht race will be held on the San Francisco Bay starting in July. A host and venue agreement hashed out between the city and race organizers provided that the America’s Cup Organizing Committee, the tournament’s fundraising arm, would “endeavor” to solicit donations from private donors to reimburse the city for expenses incurred, originally pegged at $32 million. Total city costs are now estimated to hover around $22 million, but so far ACOC has sent less than $7 million in reimbursement, city agency representatives reported at the hearing.

The fundraising committee has mostly come up dry on the rest — and now Avalos is irked because the city agency that negotiated the deal appears to be “moving the buoys,” as he characterized it, by counting a projected tax revenue boost instead of actual reimbursement dollars as adequate compensation for city spending.

Mike Martin, tasked with leading the city’s involvement in the America’s Cup under the Office of Economic and Workforce Development, showed a slide at the hearing suggesting that ACOC’s “remaining fundraising need” was just $2.6 million, since a projected $13 million in increased tax revenues would bring the city to a break-even point. That projection was based on expected increases in sales, payroll and hotel taxes during the yachting event.

The presentation seemed to reframe the premise that the city would be made whole for tournament-related expenditures, as well as reap the benefits of a tax boost, in exchange for agreeing to host the sailing events. Yet Martin called this notion a “mischaracterization” in a phone interview.

“I don’t disagree that there are people who think that this is not what they understood to be the deal,” Martin said, clearly reacting to Avalos. But “this was part of the policy dialogue at all steps of the conversation.”

Reached by phone after the hearing, Avalos did not sound satisfied with the responses he’d heard. “It seems that the commitments that were made to the Board in 2010 … are not being taken seriously,” he said. “Now that they’re coming up short on fundraising efforts, they’re trying to say the General Fund should be subsidizing the cost of the race.”

Martin pointed to a report prepared by Budget and Legislative Analyst Harvey Rose in December of 2010, before the contract between the city and race organizers was finalized. The report included a break-even analysis that factored in tax revenues, and Martin stressed that this consideration had been part of the dialogue since the outset.

But that same report also contained a key recommendation: Rose advised the supervisors to amend the proposed agreement to “require that the America’s Cup Organizing Committee pay the City and County of San Francisco $32 million, or final estimated city costs.”

No such ironclad requirement was ever included; instead, the fine print in the final agreement wound up containing watered-down language: “The Authority and the City acknowledge and agree that they are not relying in any manner on any current or future commitment … or any statements, representation, or actions of, any … agent of [ACOC].”

Nick Magel, who works for Causes.com, told us that Peskin’s online petition calling on Ellison to cover the fundraising shortfall was gaining more momentum than most online campaigns taken up via the website. “The campaign is performing well, considering it’s less than a day old,” he said March 15. “The most impressive indicator is that over 95 percent of the signatories are from the Bay Area. Seems the campaign is striking a chord with local residents.”

The real CPMC story

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OPINION The recently announced terms for the development of California Pacific Medical Center’s hospitals at Cathedral Hill and St. Luke’s generated front-page and lead stories in the local news media. But nearly without exception, only part of the story was reported. Missing from most accounts of the terms of the new deal, which dramatically changed last year’s failed draft development agreement negotiated by Mayor Ed Lee, was the decisive role played by a community/labor coalition, San Franciscans for Healthcare, Housing, Jobs and Justice.

Key details of the agreement have yet to be finalized, and provisions of the terms announced on March 5th need to be improved. But the new agreement, in virtually all respects, is an improvement over the old one. And on the same day the terms of the new deal was announced one of the union members of the coalition, the National Union of Healthcare Workers signed a contact with CPMC that protected union organizing rights, job security at Cathedral Hill and full employer paid health care — issues that had been unresolved over the last few years. Still missing is an ageement between Sutter and its nurses, a critical component of labor peace.

The basic structure of the current terms mirror almost exactly the positions outlined by the SFHHJJ over the last year, including a requirement for labor peace with all unions at CPMC. This was no accident; it was the result of the efforts of the community/labor coalition. When the old deal was stalled at the Board of Supervisors in early 2013 and it was clear that the Mayors Office had no idea how to proceed, the members of the coalition came up with a framework to get discussions going again. The key ingredient was the involvement of a skilled an knowledgeable mediator, mutually respected by all parties and the participation of Sutter Corp. in Sacramento — the real party able to make actual binding corporate commitments, not the subsidiary the mayor had dealt with.

The second step was to agree to a framework of issues that would form the substance of negotiations — and the coalition’s own comprehensive set of positions served as that framework.

The next step was to get a critical mass of supervisors to agree to participate in the negotiations. Two Supervisors, David Chiu and David Campos, agreed to the coalition’s framework and the use of a third-party mediator. They added a third supervisor, Mark Farrell, to their group in order to assure buy-in from the full board.

Finally, the mediator had to be found and in that the coalition (and the rest of the city) simply were lucky that Lou Girardo was willing and able to provide his own special skills and credibility.

The SFHHJJ is not the first community/labor coalition in San Francisco history. Such coalitions were present in both the District 1 and District 5 supervisors races last year with mixed success, and in 2008 a community/labor coalition fought for revenue measures, again with mixed success but real unity. A new labor/community coalition has emerged to oppose Scott Wiener’s ill-advised weakening of our local California Environmental Policy Act procedures.

As the Democratic Party transforms itself into ever greater political irrelevancy by becoming the home of moderate Republicanism at all levels of government, community and labor co-operation seems to be growing over an increasing number of issues, showing a level of political vibrancy impossible to ignore.

Calvin Welch is a longtime community organizer in San Francisco and is a member of the SFHHJJ CPMC Negotiating Committee

Last gasp ends the sordid Mirkarimi saga

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A San Francisco judge has dismissed a defamation lawsuit against Sheriff Ross Mirkarimi and his wife, Eliana Lopez, which is likely to be the last step in an ugly and protracted political, legal, and administrative battle stemming from Mirkarimi grabbing Lopez’s arm during an argument on Dec. 31, 2011.

The couple’s neighbors, attorney Abraham Mertens and his wife, Ivory Madison, reported the grabbing incident to police over the objections of Lopez, who had sought advice from Madison and allowed her to film a short but emotional video displaying a bruise on her arm, which became the main evidence against Mirkarimi.

That exploded into a high-profile drama in which Mirkarimi was vilified by the media, charged with domestic violence and witness dissuasion, pleaded guilty to misdemeanor false imprisonment, suspended without pay for six months by Mayor Ed Lee, and finally reinstated to office by the Board of Supervisors in October.

Along the way, the two couples – who are still neighbors, despite Mirkarimi’s efforts to sell his house and move – became increasingly bitter public rivals. Lopez consistently denied being abused and implied to reporters that Mertens and Madison had political motives for breaking her confidence and reporting the incident to police. Mertens and Madison maintained that Mirkarimi tried to dissuade their cooperation with police – an allegation that the long investigation failed to substantiate – and blasted Mirkarimi and Lopez in a San Francisco Chronicle op-ed.

Other than that, Madison and Mertens refused to talk to the press as the saga unfolded – a stance they maintained today, with a man who answered the phone at the Red Room website business they run immediately telling us, “They’re not interested in talking.”

But Madison, who went to law school before becoming a fantasy writer, did let loose in June when she submitted a wild, incredible 22-page declaration to the Ethics Commission as part of the city’s effort to permanently remove Mirkarimi on official misconduct charges, purporting to describe the tyrannical way the Mirkarimi ran the household, as Madison claimed she was told by Lopez (which she disputes).

The commission criticized and gutted the declaration, finding that it was prejudicial and contained little usable evidence. Commissioner Paul Renne even dressed down the deputy city attorneys for submitting it, calling it “clearly hearsay, clearly having the intention of poisoning the well of this hearing,” causing Deputy City Attorney Peter Keith to apologize and explain they had little to do with the declaration because Madison had hired a private attorney who helped her prepare it.

The couple and their attorney have threatened to sue Mirkarimi and Lopez for more than a year, and they finally filed the defamation case in January, and it has now been quickly dismissed. Domestic violence advocates and allies of Mayor Lee also threatened a recall election against Mirkarimi, but that also seemed to wither late last year – meaning this is probably the last we’ll hear about this case, at least until Mirkarimi runs for reelection in two years, if he decides to do so.

Asked to comment on the lawsuit’s dismissal, Mirkarimi told the Guardian, “My family and I are very happy and have moved forward, and I hope they are too.” His attorney, David Waggoner, told us, “Hopefully, the dismissal represents the end of what has been a long and painful experience for everyone involved.”

Pizza delivery drones?

Well, this is intriguing. According to an event announcement for an upcoming talk this Wednesday, there are some bizarre new developments on the “innovation in San Francisco” front. “New plans are being launched to help entrepreneurs launch their dreams,” the San Francisco Technology Democrats informs us, “from mobile apps to making pizza delivery drones available.”

Drones? For pizza delivery? Shouldn’t someone warn the American Civil Liberties Union?

In any case, the talk aims to give curious techies, policy wonks, activists and others an opportunity to pose questions to Board of Supervisors President David Chiu and Chief Innovation Officer Jay Nath concerning San Francisco’s Open Data Portal, proposed revisions to Open Data laws, and similar topics of interest. It will be held Wed/20 from 6:30 to 9:30 p.m. at the Marine’s Memorial Club Fireplace Room, 609 Sutter, in San Francisco.

CPMC deal gets warm welcome despite some shortcomings

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Even though the Board of Supervisors unanimously approved the term sheet for the California Pacific Medical Center’s hospital deal this week, comments from the supervisors and the general public indicated there are still a few outstanding issues before the project returns to the board for final approval, probably in July.

As the Guardian recently reported, CPMC’s longstanding contract impasse with the California Nurses Association remains the biggest sticking point even for many labor-community coalition members who helped hammer out the deal that was announced last week. James Tracy of the Community Housing Partnership told the supervisors that he was almost ready to uncork the champagne and celebrate, “but I’m holding off until there is labor peace with the nurses.”

New District 5 Sup. London Breed went on extended tirade ripping into the hard-won compromise plan, voicing support for the nurses, wanting more specifics on how affordable housing money will be used, calling for more money for job training to support the plan’s local hiring standards (“I need to know how this is going to transfer into support for Western Addition residents,” and concluding that she’s generally supportive of the deal but “I will reserve final judgment.”

Calvin Welch of the Council of Community Housing Organizations echoed Breed’s concern that the $36.5 million in affordable housing funds will be paid into the Mayor’s Office of Housing’s general pot rather than be set aside for specific projects. “We are very concerned with how this multi-faceted program will unfold,” Welch said, asking that COCHO be included in decisions about how the money from CPMC gets used.

Sup. Scott Wiener decried how the new deal’s $14 million in transportation impact fees is 30 percent less than the ill-fated previous deal – the result of a significantly smaller footprint of the Cathedral Hill Hospital – saying, “Once again transit comes out on the short end.”

The change called for by more supervisors than any other is an increase in job training funds to support the guarantee that 30 percent of construction jobs and 40 percent of permanent entry level jobs go to San Franciscans. Even though job training funds were doubled to $4 million under the new agreement, some supervisors and activists say that’s not enough.

“That’s a big improvement, but it’s still not enough, given the type of training needed for low-income San Franciscans to be able to work in the hospitals,” Gordon Mar of San Franciscans For Healthcare, Housing, Jobs and Justice told the Guardian.

Yet even with all these gripes and picking of nits, which will play out as the development agreement is prepared and goes through the Planning Commission approval process starting in May, the consensus across the ideological spectrum seems to be that this is a good deal for the city that is likely to be approved if CPMC can reach a contract with CNA

And all hailed it as a vast improvement over the deal CPMC cut last year with the Mayor’s Office, offering a lesson for city officials who are now negotiating other big deals, such as the Warriors Arena proposal. As Sup. John Avalos said at the hearing, “I remember a statement form the Mayor’s Office last year that this is the best we can get. I think we always need to challenge that.”

Tough questions asked on America’s Cup fundraising shortfall

At a March 13 subcommittee hearing called by Sup. John Avalos, representatives from the city’s Office of Economic and Workforce Development (OEWD), the America’s Cup Organizing Committee (ACOC) and others were called upon to explain why coordinators of the prestigious yacht race have failed to reach projected fundraising targets to defray city costs. If the fundraising goals aren’t reached, the city’s General Fund could weather a $13 million hit to cover costs for the sailing event.

San Francisco struck an agreement to host the sailing competition in 2010, following negotiations initiated under former Mayor Gavin Newsom with entities associated with Oracle Racing Team, owned by billionaire Larry Ellison. The events will culminate with a sailing match on the San Francisco Bay this coming summer.

Mark Buell, who chairs the board of ACOC, told supervisors original projections had pegged total event revenue at $300 million, with eight to twelve vessels competing in the race. Those projections have decreased dramatically, with only a handful of teams entering and other “unknowns” amounting to the fact that “revenues are not what we had hoped,” Buell explained. Yet he tried to put a good face on it, saying, “All told, I believe that the city will come out whole.”

Kyri McClellan, who became CEO of ACOC just after helping negotiate the deal to bring the America’s Cup to San Francisco at her previous job with OEWD, told supervisors that ACOC had hired a fundraising expert and launched an initiative called ONESF to kick up the fundraising efforts.

She added that Mayor Ed Lee was helping to secure funding commitments for the race, by “holding breakfasts with CEOs” and asking them to commit funding. Lee is “putting in an incredible amount of energy behind this,” McClellan said, “and people are responding.” She said Sen. Dianne Feinstein had also been involved in helping to secure funding for the sailing competition.

San Francisco Controller Ben Rosenfield provided a breakdown of the funding shortfall so far. An economic analysis conducted a year ago found that ACOC had $12 million cash in hand, he said, less than half the $32 million initially projected as what was needed to defray city costs. Only $13.9 million in pledges and documented cash can be accounted for thus far, Rosenfield added, and the committee has raised around $10 million less than it originally planned for at this stage of the game. “We found they’ve fallen short,” he explained. 

McClellan reported that an additional $1.1 million would be coming in, “from donors and pledges, between now and January of 2014.”

Mike Martin, tasked with leading the city’s involvement in the America’s Cup on behalf of OEWD, displayed a slide that seemed to paint a much rosier picture of the fundraising shortfall than the $20 million cited in recent media reports.

The total city budget projection for covering costs of the race is actually closer to $22 million, lower than the initially projected $32 million, according to his slide. So far the city has been reimbursed for $6.8 million of that, he said. But the next line on Martin’s slide subtracted “projected event-related tax revenues” pegged at around $13 million, apparently suggesting that the city would be made whole by increased tax revenue rather than by receiving an actual reimbursement payment to defray city costs. According to OEWD’s calculation, that makes the “remaining fundraising need” only about $2.67 million, according to Martin’s presentation.

“I don’t think it’s been the intent to say, let’s stop there,” Martin explained. “We have a few months to capitalize on the growing awareness and excitement about the event.”

Reached after the hearing, Sup. Avalos did not sound very excited by what he had heard in response to his inquiries. “It seems that the commitments that were made to the board in 2010 … are not being taken seriously,” Avalos said. “Now that they’re coming up short on fundraising efforts, they’re trying to say the General Fund should be subsidizing the cost of the race.”

The right to transgender health care

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OPINION When I first came out as a transgender man in the mid 1990s, I quickly realized that I would have to pay out-of-pocket for the health care I needed.

Nearly every insurance plan has outdated exclusions that bar transgender people from receiving medically necessary health care. Everything from cancer screenings to the care related to gender transition is commonly excluded, despite being provided without exclusion to non-transgender health insurance customers.

For working people everywhere, including members of the LGBT community, accessible, affordable, quality healthcare is critical. And for union members like myself, healthcare equity is part of a basic and broader vision for equality for all people.

In recognition of this vision, Pride at Work, the SEIU National Lavender Caucus, National Center for Transgender Equality, the Transgender Law Center, and Basic Rights Oregon have partnered for the very first Transgender Month of Action, aimed at lifting the healthcare inequities that face our community.

I began to gender transition in 1996, starting with hormone therapy, a process that required walking through countless hoops. I will forever be thankful to the Tom Wadell Clinic and Lyon Martin Clinic for making hormone therapy accessible to low-income and uninsured trans people like myself, but I know I was one of the lucky ones. A few years later, when I was insured, I began to feel as if insurance companies were the gatekeepers of my body.

I knew that I needed to get chest surgery and that it wouldn’t be covered by my insurance, so I held a rent party and told my friends and loved ones that I needed help. It took a lot of vulnerability to do that. Like everyone else, transgender people need acute care when they are sick and preventative care to keep us from becoming ill, including services that are traditionally considered to be gender specific — such as Pap smears, prostate exams, and mammograms.

But insurers frequently expand discriminatory exclusions in a way that denies transgender people coverage for basic services. Take the outrageous example of a transgender woman in New Jersey who was denied coverage for a mammogram on the basis that it fell under her plan’s sweeping exclusion for all treatments “related to changing sex.”

Sometimes, trans people are denied care completely. In the late 1990s, I went to a gynecologist, but the doctor refused to treat me. Over the next 10 years, likes so many other trans people, I did not get an exam, too embarrassed and outraged to seek treatment.

In 2001, I worked with the a group of transgender healthcare activists to remove discriminatory exclusions for trans employees. When the Board of Supervisors voted to remove these exclusions, it was a huge and historic victory. Since that decision over a decade ago, San Francisco has proudly provided inclusive health care to city employees — and there’s been no cost increase to the overall plan.

Pride at Work, the organization that brings together LGBT union members and their allies, has a sign in the office that states: An injury to one is an injury to all. That’s the premise that underscores the labor movement’s commitment to LGBT equality, including trans-inclusive healthcare.

And it’s why Pride at Work is organizing local and national efforts to educate LGBT people and labor unions about the importance of ensuring access to basic healthcare for transgender people and providing coverage of medically-necessary transition-related care in health insurance. This first-of-its-kind effort is inspired by the belief that all workers deserve to have all medically-necessary care covered by health insurance, including transgender people whose healthcare needs are not being met.

Gabriel Haaland is co-vice president of Pride at Work.

Editor’s Notes

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tredmond@sfbg.com

EDITOR’S NOTES I wasn’t invited to the meeting where Mayor Ed Lee (and Willie Brown and Rose Pak) sat down with representatives of Lennar Corp. and a Chinese investment consortium to try to finalize a deal for Treasure Island. But I can tell you with near-absolute certainty that what comes out will not be good for San Francisco.

I can tell you that because every major project the mayor has negotiated has been bad for the city.

The way the California Pacific Medical Center project came down is a perfect example. The mayor worked directly with Sutter Corp., which owns CPMC, last spring, and in March, came out with a proposal that he and his allies presented as the best the city and the hospital giant could do.

It was awful.

CPMC would pay nowhere near enough in housing money to offset the new jobs it was creating. St. Luke’s, the critical public health link in the Mission, would be cut to 80 beds, below what it needed to be sustainable. Only about five percent of the 1,500 new jobs would go to existing San Francisco residents.

It was also pretty much dead on arrival at the Board of Supervisors, where a broad-based group of community activists pushed for big changes — and won. Sups. David Campos, David Chiu, and Mark Farrell stepped into the void created by a lack of mayoral leadership and forced Sutter to accept a much better deal, with St. Luke’s at 120 beds, vastly increased charity care, a guarantee that 40 percent of the new jobs will go to San Franciscans, and a much-better housing and transit component.

The mayor got rolled; he was ready to accept what everyone with any sense knew was better for Sutter than for his constituents. He clearly didn’t know how to say what the supervisors said: This won’t work, and we’d rather walk away from the whole deal than accept a crappy outcome.

That’s exactly what’s going on with the Warriors’ arena — the mayor is giving away the store. And he, with Brown and Pak at his side, will do the same at Treasure Island.

The balance of power in the city is moving to the board. And for good reason — the supervisors seem to be able to get things done.

Supervisors approve Western SoMa Plan, rejecting expanded office development

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The Board of Supervisors today approved the Western South of Market Community Plan, the first step to ending a development moratorium that has been in place since the citizen-based planning process that developed the plan began in 2005, but not before some supervisors made a last-ditch effort to allow more office development and nightlife.

“I have real concerns over the plan,” Sup. Scott Wiener said as the plan came before the full board for the first time, continuing an effort to modify the plan that he began a few weeks ago when it was before the Land Use and Economic Development Committee.

While some of Wiener’s colleagues echoed his concerns and those raised by the business and entertainment communities, most decided to defer to the area’s Sup. Jane Kim and the Western SoMa Task Force that developed the plan. It was approved on a 10-1 vote, with Wiener in dissent. It will guide development and set land use rules for the Western SoMa area after being approved on second reading by the board next week.

Wiener led the critique of the plan’s restrictions on office development in most of the plan area, particularly around the transit hub of 4th and King streets, concerns that were echoed by Sups. London Breed and Malia Cohen, likely indicating that the business community has been lobbying supervisors on the issue.

But Kim said she is concerned about the area’s artists, nonprofits, and light industrial businesses – dubbed Production Distribution and Repair (PDR) in the city planning code – being squeezed out if the area is opened up to more office development.

“Office space is hot right now and it’s pushing out PDR uses,” Kim said. “Zoning is an importance tool, otherwise everything will turn into offices in South of Market.”

Wiener, Breed, and other supervisors also sounded their support for the entertainment community that has lobbied for changes in the plan, winning greater protections for nightlife at earlier hearings – including a ban on residential development on the raucous 300 block of 11th Street and persuading owners of “the purple building” to switch from residential to office – pushing for removal of more of the plan’s restrictions on attaining limited live music permits.

“I also have some real concerns with how the plan treats nightlife and entertainment,” Wiener said, while Breed said, “As a big supporter of the arts, I’m concerned there are limited live performances in the plan.”

Kim noted that the plan tried to strike a balance in the conflict between nightlife and housing, and she said that expanding the ability business in areas zoned Regional Commercial District (RCD) shouldn’t be done in just in a part of town where there conflicts have often been difficult to resolve.

“If you’re going to permit it in the RCD areas, it should be citywide rather than just in Western SoMa,” Kim said, noting that she’s open to futher discussions after the plan is approved.

Sup. David Campos and other supervisors urged their colleagues not to tinker with the compromises and hard-won balance in the plan. “I’m not 100 percent happy with every aspect of the plan, but I do think some deference should be given to the district supervisor,” Campos said.

Wiener agreed that deference to the desires of district supervisors is an important consideration, “but there are times when this board does not vote the same as their supervisors,” citing as an example the board’s approval of the controversial 8 Washington luxury condo project over the objections of Board President David Chiu.

Afterward, Terrence Alan of the California Music and Culture Association, which had lobbied for expanded protections of nightlife, told us, “Entertainment as a whole fared well.” But he said that they would continue pushing for greater citywide nightlife protections, including supporting Wiener’s proposal to expand the limited live music permits to include DJs.