Board of Supervisors

The right to a civil lawyer

10

I like Sup. David Chiu’s idea of giving indigent plaintiffs in civil cases the right to a lawyer. It’s one of those legal and political issues that’s been hanging around for decades: Everyone accused of a crime has the Constitutional right to counsel, but if you’re sued and have no money, you could very well be  SOL.

Now, there are a few places that some people can get help — nonprofit legal groups that help seniors, tenants, and others, but there aren’t enough of those lawyers to meet the need, and some people don’t qualify for any of the available help. Under the law, a poor person who gets sued has no guaranteed right to any assistance at all, and can wind up representing him- or herself in court, even if he or she has no legal background or experience.

That’s one reason landlords tend to win eviction cases against low-income people: If the tenant can’t find free legal help, it’s high-priced landlord lawyer who knows all the tricks against poor tenant who has no idea how to respond to a summons and complaint.

The supervisors have approved Chiu’s resolution, which asserts than San Francisco is a “right to civil counsel” city, but there’s not a whole lot of money around to fund it. He’s asking for a modest pilot program costing no more than $100,000 and focusing on eviction defense, which is a great place to start. His idea is to get the big law firms in the city to help out — to devote some of their time and money to pro bono work in the city’s indigent civil defense program.

And some of them will, and that’s great. But what we really need is a funding source for this — and it seems to me that the lawyers of the city are a logical place to start.

Yes, there are unemployed lawyers and lawyers who barely make rent. But as a whole, the class of people licensed to practice law in San Francisco is better off than most of the rest of us. The state bar hits every lawyer up for about $400 a year to fund bar operations, and the interest that lawyers earn on client trust funds has to go to indigent legal defense.

So why not set up a San Francisco lawyer’s fee — say, $50 a year for everyone practicing in the city — to fund the city’s civil legal defense program? I don’t know exactly how many lawyers we have, and I can’t find anyone at the state bar who can answer that, but I’ve seen published reports in the past suggesting that the city has more lawyers per-capita than anywhere else except Washington, D.C. One story that ran years ago in the Examiner put it at one per 70 residents — which would mean more than 10,000 lawyers in the city. So a $50 fee would bring in half a million dollars –plenty to set up an office and hire a couple of lawyers and have a director who could spend time running down pro bono counsel to help.

I have no idea if the city can legally do that; I checked with the folks in the City Attorney’s Office, and they have no simple answer. So Chiu would have to request a legal opinion on the question.

But if it’s possible, it’s a great idea, and I suspect even most lawyers in the city would support it. 

 

UPDATE: The state bar folks pointed me to the right place on the bar website, and it turns out there are 17,000 lawyers in SF. That’s $850,000 a year.

 

Nightlife: Fun plus jobs

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By Supervisor Scott Weiner

OPINION We all know the cultural benefits of nightlife. It’s fun. We get to meet people — friends, lovers, and all the rest. We build community. We hear great music. We dance. We spend time outside on our streets. For LGBT people, we meet other LGBTs and keep our community strong. The list goes on: Without a strong entertainment scene, including bars, clubs, live music venues, arts venues, night-time restaurants, and street fairs, our city would be a less interesting and less diverse place.

But the undisputed cultural importance of nightlife isn’t the whole story. Nightlife is a significant economic contributor to San Francisco. It creates jobs, particularly for working-class and young people. It generates tax revenue that helps fund Muni, health clinics, and parks. It allows creative entrepreneurs to start businesses. It generates tourism. It draws foot traffic into neighborhoods to the benefit of other neighborhood businesses.

This is all pretty intuitive. Yet, as a city, we’ve never actually measured the economic impact of our nightlife scene. One of my first acts a member of the Board of Supervisors was to request the city economist to conduct an economic impact study doing just that.

The study is almost done, and we already have a few preliminary results. Nightlife in San Francisco generates $4.2 billion a year in spending, with $1 billion of that amount coming from bars, clubs, performance venues, and art spaces. Some 48,000 people are employed in nightlife businesses, and these businesses contribute $55 million a year in local taxes. On March 5, we’ll announce the full results of the study at a hearing of the Land Use and Economic Development Committee.

This data will help us make smart public policy around nightlife. In the past, those decisions frequently have been driven by anecdote and over-reaction to isolated events. Trouble near a small number of nightclubs? The city responds by making it difficult for all nightclubs to operate, even those with excellent safety records and despite the dramatic improvement in the Entertainment Commission’s oversight. Or, the city goes even further and proposes requiring all clubs, even small ones, to scan ID cards of everyone who enters. (That proposal, thankfully, was roundly rejected.)

When we make these decisions, we should do so with a full understanding not just of the downsides of nightlife but of the positives, including cultural and economic benefits.

Entertainment is under pressure in San Francisco. There are neighborhoods with significant friction between housing and nightlife. Some of that friction results from a small number of problem venues. Other times, a good venue is jeopardized for simply conducting its business within the limits of San Francisco law — for example, a single neighbor got Slim’s shut down for a few weeks for noise, despite the club’s compliance with our noise ordinance.

We also continue to have bizarre Planning Code restrictions that undermine entertainment, such as the Mission Alcohol Special Use District, which makes it difficult or impossible to start creative new businesses in the Mission if alcohol is involved. This provision almost prevented a new bowling alley from locating at 17th and South Van Ness. Similarly, some are concerned that the Western SoMa Plan, as currently written, will undermine nightlife on 11th Street by surrounding clubs with new housing and by reducing the number of venues.

A thriving nightlife scene is key to our city’s cultural identity and economic future. Now that we have the data on its benefits, we can take a more balanced and thoughtful approach.

Supervisor Scott Wiener represents District 8 on the Board of Supervisors. The March 5 hearing will start with a noon rally on the steps of City Hall followed by the hearing at 1 p.m. in City Hall Room 263.

 

Dramatic change in the America’s Cup deal

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Mayor Ed Lee has announced dramatic changes in the deal for the America’s Cup race, essentially eliminating the massive real-estate development contract with Oracle CEO Larry Ellison.

Under the new agreement, the city will work with Ellison to host the race — but that’s about the beginning and the end of it.

“There is no long-term development,” Stepahnie Martin, spokesperson for the America’s Cup Event Authority, told me.

The previous deal, set for a Board of Supervisors vote Feb. 28, has been scrapped, so there won’t be any board action tomorrow, Judson True, an aide to Board President David Chiu, told me.

That deal would have given the world’s sixth richest person a swath of valuable waterfront property, with 66-year leases and development agreements, in exchange for Ellison investing millions in renovating the aging piers.

But criticism over what some called a huge giveway of public land was diverting discussion of the yacht race and threatened to undermine the city’s ability to serve as the venue host. Some supervisors were demanding more guarantees that the city wouldn’t lose money on the deal, and Ellison’s team was unwilling to budge.

In a Feb. 27 press release, Lee announced that the teams will be building a race village at Piers 27-29 and consolidating the boat launching facilities at Pier 80, on the southern waterfront. The race village will be temporary, and when the yachts leave, Ellison won’t have title to that property.

He won’t have title or development rights at Pier 80, either, and the plan to let him build on Piers 30-32, 26 and 28 as well as a lot across the Embarcadero appears to be dead.

So the America’s Cup is moving back to what it should be — a sporting event, a race on the Bay, and not some bloated development agreement that involves leases lasting more than half a century.

It’s still not clear how this happened — except that the numbers clearly weren’t working out for either side. The scaled-back agreement prevents the city from losing a fortune if the race doesn’t draw the anticipated crowds, and protects Ellison from losing money on waterfront development plans that regulators (including the Bay Conservation and Development Commission) might never have approved.

The city will still pay the ACEA about $16 million to fix a few things necessary to make the race work, and it’s not clear where that money will come from,

Aaron Peskin, a leading critic of the old deal, told me he’s cautiously optimistic. “It sounds promising, we’re getting this event down to the proper size,” Peskin said.

But he said that he hasn’t seen a written agreement “so it’s hard to tell what is and isn’t still in the deal.”

No mattter what the final agreement looks like, it’s clear that Ellison’s control of the future of the central waterfront has been radically reduced. And it’s clear that the deal former Mayor Gavin Newsom cut with Ellison wasn’t going to work for the city.

It also showed something that I’ve seen over and over again in these city deals with private parties: If the public refuses to go along, most of the time the Larry Ellisons of the world — the same people who insist they won’t move an inch and that the deal can’t be changed — will eventually back down.

 

 

Have conservatives hijacked the Small Business Commission?

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Is the Small Business Commission really advocating for small businesses, or has the commission been hijacked by bankers and real estate developers aggressively pushing a right-wing agenda of unchecked growth and cuts to government regulation, programs, and fees? And why has the Mayor’s Office stacked the commission with these ideologues and worked behind-the-scenes to keep them in leadership roles?

Those are just a couple of the questions that have been raised by Mayor Ed Lee’s recent effort to amend the charter to give this commission broad authority over the city’s legislative agenda, which was dropped in the face of widespread opposition, and by his office’s alleged calls to their appointees urging them to vote for developer Luke O’Brien as vice president and banker Stephen Adams as president (simply reversing the roles they had played last year).

Traditionally, sources say the commission has sought to balance leadership between the mayor’s four appointees and the three appointed by the Board of Supervisors. But these days, the Mayor’s Office (mostly Chief of Staff Steve Kawa, we’re told) and its appointees (which include two bankers and one developer), at the urging of pro-development groups Coalition for Responsible Growth (CRG) and Plan C, seems to want to consolidate their control and push their agenda.

Neither Kawa nor Press Secretary Christine Falvey would address our direct question about the Mayor’s Office interfering with the internal working of supposedly independent commissions, but the Examiner today had a story about the Mayor’s Office doing the same thing on the Planning Commission with its leadership vote this week.

“If the Mayor’s Office feels the need to interfere in commission votes, it interferes with internal commission matters and the spirit of the commission,” Board President David Chiu, who has been following the Small Business Commission dynamics, told the Guardian.

Outgoing commission member Janet Clyde, who runs the legendary Vesuvio bar in North Beach, said she has long been bothered by the changing tone and dynamics on the commission: “There is definitely an agenda that is driven by the Mayor’s Office, a more conservative view…There is a big business agenda in small business clothes.”

And she said that change has been pushed by Plan C, CRG, and other fiscally conservative groups that backed Lee’s mayoral campaign. “They really saw an opportunity to use the Small Business Commission to push their agendas.”

The CRG board includes three members of Murphy O’Brien Real Estate Investments, including O’Brien and Mel Murphy, who is a mayoral appointee to the Building Inspection Commission, where he also regularly advocates for real estate interests. CRG, which did not return our calls for comment, testifies regularly at City Hall in favor of development and against regulation. Clyde and current commission member Kathleen Dooley say O’Brien has been especially aggressive in pushing his ideological agenda.

O’Brien ignored repeated Guardian requests for comment, and when we finally reached him by phone, he said, “I have no interest in talking to you.”

In December, in his role as president, O’Brien called a special hearing to discuss the Eastern Neighborhoods Plan, the massive land use plan passed a few years ago after dozens of public hearings to work out its myriad complicated details and balance the preservation of light industrial properties with housing development, providing city services, and other considerations.

“This thing really needs to be thought out a little bit more,” O’Brien said at the hearing in a video clip that is prominently displayed on the CRG website.

Commission Executive Director Regina Dick-Endrizzi defended that hearing and others that have ventured into planning, regulation, and land uses issues that seem to be the purview of other city commissions. “Every business we talk to that wants to be in a brick-and-mortar space, it’s all about land use,” she said, noting that at the commission’s last annual retreat, “they decided to take a look at impact fees and their implications.”

She also noted that the city defines small businesses as having fewer than 100 employees, and that both developers and bankers are legitimate small business advocates, noting how important loans and other capital sources are to small business survival. Mayoral spokesperson Christine Falvey also defended the appointments and their focus: “The Commission has a diverse group of individuals to represent small business. The agenda is not controlled by any one group. There is a diverse group of voices and all deserve to be heard.”

Falvey also said it’s important to have bankers like Adams, a branch manager of Sterling Bank & Trust, on the commission: “The Mayor understands the important link between conventional banks and micro lenders. While there are moderate improvements in the lending environment, understanding the current status of access to capital is critical information for the Commission in its role to advise and make recommendations to the Mayor and Board of Supervisors on policy matters and City regulations that affect either the ease or difficulty in doing business in San Francisco.”

But progressive members of the Board of Supervisors – including Sup. Christina Olague, a mayoral appointee, in her recent interview with the Guardian – have regularly derided the narrow focus and ideological agenda of the commission, particularly its mayoral appointees. Some privately call it the “Small-Minded Business Commission.”

“We need some diversity on this commission. It can’t be all white men with a particular point of view,” Dooley said.

That could begin to happen on Tuesday when the Board of Supervisors is slated to replace two of its outgoing appointees, Michael O’Connor and Janet Clyde, with two that have been recommended by the Rules Committee: Monette White, who runs Food for Soul, “an upscale restaurant and holding company,” and William Ortiz-Cartagena, CEO of Gentle Parking, which managing parking lots in the city.

But that won’t go very far in changing a commission that seems focused on using the “small business” fig leaf to push a more broad and ideological pro-business agenda. Even Chiu, who is strongly pro-business, told us, “The Small Business Commission needs to be focused on the plight and issues of small businesses.”

What’s wrong with the America’s Cup deal? A lot

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Let’s start out with a premise that even Larry Ellison’s minions have come to accept: The race is happening here. Too late now to move it to another city. Worst-case scenario, according to Stephen Barclay, the point person for the world’s sixth-richest man: “If we don’t meet those dates, the teams will be forced to relocate to other places around the bay.”

That’s right — the teams will relocate to other places around the bay. The host city will still, for all practical purposes, be San Francisco; the races will happen off SF’s waterfront (where the Coast Guard is willing to allow them and the conditions are right) and the rich tourists will stay here, not in Burlingame or Fremont.

If Ellison decides the city’s not giving him enough, he won’t put up $55 million to fix up some of the waterfront piers. The city may decide that a development deal of some sort with him makes economic sense. But it’s a real-estate deal at this point, not a deal for the race. At least, that’s what the Ellison team seems to be confirming.

And I fear that the real-estate deal that the Board of Supervisors Finance Committee sent forward yesterday, 2-1, is a bad deal for the city.

The terms are really complicated, and it makes my head hurt just trying to figure it all out — and still, the supes are expected to vote on the 120-plus-page document Feb. 28. Here’s what we do know, though:

The supervisors originally came to a deal with the America’s Cup Event Authority back in December. The concept was — and is — pretty straightforward, the same sort of deal the city has done (or, certainly, the Redevelopment Agency has done) many times in the past. In exchange for putting cash into renovating several piers, Ellison’s group would get long-term leases and development rights on the property. The idea: The city can’t afford to fix the piers. Ellison’s organization can. And once the property is renovated, the developer can make back that initial investment, and a profit, by building commercial space, condos and whatever else the Port decides to allow.

In a perfect world, San Francisco (and the state and the feds) would tax the hell out of people like Ellison, and there’d be public money to rebuild the waterfront as public open space, recreational facilities and the like. And wouldn’t that be utterly cool? Wouldn’t this city have the most awesome waterfront in the world?

But no: The only way the piers are going to anything but a place to park cars until they fall into the bay is if some private developer gets the rights to build something that I won’t like.

Supervisors Jane Kim and Mark Farrell, who don’t agree on a lot of things, both agreed with my basic analysis of the politics here: We shouldn’t let the excitement over the prospect of a boat race get in the way of analyzing this for what it is: A financing tool for the Port to get its infrastructure fixed up. Without a private investor, “they just don’t have the capacity to do that,” Kim told me.

So let’s just stipulate for a moment that this is the best, maybe the only way the city can restore the Port. Then it comes down to the real issue: Has the Mayor’s Office negotiated a good enough deal? Is San Francisco getting enough out of this? Or is everyone so hyper-buzzed about fancy carbon-fiber boats in the water (and I admit, they’re pretty cool) and free-spending tourists in the hotels and restaurants that we’re letting Mr. Ellison — who didn’t get so stinky rich by being a weak negotiator — walk away with most of the cookies?

Remember: Ellison’s not doing the city any favors. He’s only fixing up the piers that he will effectively own (as least for most of the rest of this century).

Back in December, the rough outlines looked like this: A corporation set up by Oracle, called the America’s Cup Event Authority, would put $55 million into repairing and renovating piers, then would get  66-year leases and development rights on piers 30-32, 26 and 28, as well as seawall lot 330, across the Embarcadero, which Ellison’s team wants to turn into more condos for rich people. If that’s not enough to pay for Ellison’s investment, Ellison’s heirs or successors get half the rent for the piers for another 15 years. That’s 81 years.

The original deal mandated that the city would collect a 1 percent fee on the re-sale of the new condos. It also had a requirement that Ellison share with the city any profits he made by flipping the long-term leases.

That’s a big deal, because almost nobody in the city actually holds onto development entitlements anymore. A developer wins the right to build an office building — and next week, he or she sells that right to somebody else. It’s almost certain that at some point, Ellison — whose sole goal here is going to be making a profit off city land — will decide that the best way to make money is to cash out. He’ll keep his 66-year leases for a few years, maybe lobby his way to approvals for office, condos, time-shares (gasp! yeah, they’ll do that if it’s legal) restaurants or whatever — then sell the remaining time on the leases, plus the development rights, to somebody else. And because he’s Larry Ellison, he’ll wind up making a nice tidy profit.

That used to be what happened with Port property (see: Pier 39) but lately, the Port’s gotten a bit wiser and has, in some cases, insisted that part of the profit from flipping a lease goes back to the city. In the original discussions, Ellison was going to have to pay the Port 15 percent of any net gains he made from the almost inevitable sale of the valuable leases.

But that’s gone now. After the board approved Newsom’s deal, the former mayor — who was always terrible at negotiation with the rich and powerful and always gave away the store — went back and monkeyed around with it. He and Sup. David Chiu insisted that the changes were just technical, not substantive enough to require a new board vote — but the current deal has no 15 percent cut for the Port, and the 1 percent levy on condo sales only applies after the second owner sells — which will be years down the road.

Then there’s the part where the city has to reimburse Ellison if the cost of renovating the piers exceeds what’s expected (oh, and we have to pay him 11 percent interest, which is about ten times what I get on my bank account; how about you?) There’s no cap on what the city might have to pay. And Ellison gets to develop a new marina.

And while Pier 29 is no longer a part of the deal, the city has to give Ellison $12 million — or rights to a pier to be named later. (Maybe Ellison figures that in a few years the people who opposed Pier 29 development will be out of office and he can convince the new mayor and supervisors to give Pier 29 back. It’s not legally excluded.)

Kim told me she’s going to insist that the final deal include a local-hire provision, which the rest of the board would be crazy not to support (and which Ellison, despite his company’s problems with local labor laws in the past, would be crazy not to accept).

But overall, Kim — who with Sup. Carmen Chu was part of the 2-1 majority sending the package to the full board — told me she thought the city got a good deal. “It took me a while,” she said. “But [Port Director] Monique Moyer convinced me that this was good for them.”

Sup. John Avalos, the dissenting vote on the Finance Committee, isn’t convinced. He’s got a long list of concerns, starting with the fact that he thinks the projected attendance and economic benefits are a bit delusional. “The figures seem farfetched,” he told me. “I’m seeing a lot of pumped up numbers. And those numbers drive whether this is a good deal for the city or not.”

He’d like to see the 1 percent rule apply to the second condo sale, not the third. He’d like to see the Port get 15 percent of the profits from any sale. And he’d like a cap on the reimbursements the city has to give to Ellison.

But here’s the problem: When the development agreement comes before the board, sitting as a Committee of the Whole Feb. 28, it will be hard to put any of that back in the agreement. This is a contract, and while the board can pass a resolution asking for more, in the end, it’s a matter of voting it up or down.

Vote yes and it’s done — more or less as is — although Kim says there will be another chance to make changes down the road, since the board and the Planning Commission will have to sign off on whatever type of development Ellison wants to do. The problem with that scenario? Ellison’s lawyers will wave this development agreement around like a Giants victory towel and proclaim that it binds the city and limits any ability to demand any more changes later. That’s how these people operate.)

Vote no and the ball goes back to Larry’s Court: His group can sit down with the Mayor’s Office and make some changes, or they can walk away (and build their boat sheds in …. where? Oakland? Foster City? Who’s got waterfront that can handle this?)

When the Finance Committee send the package to the full board, Avalos said, “we pretty much lost our ability to influence the agreement. Now we have to decide if we want to call [Ellison’s] bluff.”

PS: One of the lingering issues is whether the America’s Cup Organizing Committee can raise the $30 million-odd that is needed to make the numbers pencil out. If I were a rich person and Mark Buell, the ACOC point person, called me for money, here’s what I’d say:

How much is Larry Ellison contributing?

See, Ellison’s improvements on the waterfront aren’t charity. He’s looking to make a buck off everything he does. In past eras, the great robber baron capitalists would donate civic monuments — libraries and museums and stuff — and by any traditional standard of great wealth, Ellison ought to be writing a personal check for that $30 million. Or at least for some of it.

But so far, he hasn’t given a penny. The sixth richest man in the world isn’t actually donating anything to San Francisco. Yeah, he’s gracing us with his lordly presence, but cash? Nada.

Good luck with that one, Mark.

PPS: This whole concept that the city needs to fix the “crumbling” piers ought to be examined. First of all, nobody’s ever said that Pier 29 was in anything but fine shape. But beyond that, the Bay Conservation and Development Commission considers piers to be bay fill, and in the long term, wants San Francisco to get rid of some of them. “Maybe it’s a good thing if some of the piers fall into the bay,” former Sup. Aaron Peskin told me. “Then we’ll have more leeway with BCDC when we want to fix up some of the others.”

Research assistance by Royce Kurmelovs

Who gets to live here?

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yael@sfbg.com

Housing policy — which determines who will be able to live in San Francisco — has been a hot topic at City Hall these days.

At a Board of Supervisors Land Use and Economic Development Committee meeting on Feb. 13, representatives from the Mayors Office of Housing (MOH) reported on the state of middle-income housing in San Francisco, at the request of Sup. Scott Wiener. “Middle class” people make up 28 percent of the city’s population, a 10 percent decrease in the past two decades, and to reverse that decline would cost about $4.3 billion in housing subsidies, or more than half the city’s annual budget.

Wiener, who insists that “middle income and low income housing are not mutually exclusive,” said he’s raising the issue because the needs of the shrinking middle class are not being addressed. But during the public comment period, a long procession of low-income residents say city housing policies have kept them on the brink of homelessness. The takeaway message was: don’t embark on new housing efforts until you can enforce the ones that are already in place.

Also underscoring the desperate state of many San Francisco residents, Assessor-Recorder Phil Ting released a report Feb. 16 that contains shocking statistics about invalid foreclosures and illegal evictions in San Francisco. Ting found that 99 percent of all foreclosure proceedings in San Francisco in the past four years have contained paperwork irregularities, and in 84 percent of cases, banks or lenders have committed fraud or broke other laws.

With the loss of the redevelopment agencies, Mayor Ed Lee’s proposal for a housing trust fund, renewed calls for more condo conversions, and a new focus on middle income housing incentives, the conversation on housing in San Francisco is heating up.

 

MOVING TOWARDS RENTAL

San Francisco’s housing market is 64 percent rentals and 36 percent ownership, according to MOH. So despite the focus of politicians and developers on homeownership, housing policy in San Francisco mostly involves renters, many of whom face myriad threats.

Rents can be so steep that market-rate rental housing is becoming increasingly accessible only for parts of the middle class and the highest income brackets in the city. People in San Francisco tend to pay a huge chunk of their income towards rent.

The federal Housing and Urban Development Agency considers it reasonable for a households to pay 30 percent of their income towards rent; but for the city’s very low income households, rent is typically nearly 60 percent of income. For middle income households, the average percent paid toward rent has increased since 1990, but remains below 30 percent.

Those people fall mainly into the middle-income bracket, those earning 80-120 percent of Area Median Income (AMI.) Planning Director John Rahaim said that for the very low-income population (0-50 percent AMI) all rental housing is “virtually off-limits.”

So, for the middle class, renting a place in San Francisco is tough. For the low and very-low income, it’s next to impossible. And that reality threatens the city’s diversity.

“The highest rent burden still falls on lower income residents, many of whom pay 70 percent of their income as rent,” Sup. Eric Mar, who also sits on the Land Use Committee, said at the hearing. “In my district, people have whole families living in their living room or extra bedroom.”

But things may be looking up for renters. MOH’ Brian Cheu said developers believe that the market trends are heading towards construction of new rental housing after being almost exclusively owner-occupied units for many years. Cheu said there are 725 rental units in the pipeline for the next five to ten years, more than twice the new housing units meant for ownership slated for that time period.

Most of this will be market rate housing, and thus still unaffordable for a good deal of the population. But for those making around 100 percent of AMI — the middle class that Wiener hopes to serve — there are more rental units on the way.

“Any increase in supply of rental housing would help,” said San Francisco Tenants Rights head Ted Gullickson, “because there’s been virtually no new rental housing built in San Francisco is last 20 years.”

Even as Wiener promised to continue to prioritize the needs low-income residents, the foreclosure crisis was barely acknowledged at the Feb. 13 hearing. Many low-income residents say they are not sure they can trust the city’s claim that “this is not a matter of us vs. them.”

At public comment, many community members spoke of the housing troubles that they were already facing. Yue Hua Yu, who spoke at the Feb. 13 hearing, lives with her family of four in a single residency occupancy hotel room (SRO), units intended for single occupants.

“We would support a policy that protects the city’s affordable housing stock,” said a statement from Wing Hoo Leumg, president of the Chinatown Community Tenants Association.

Renting may be the realistic choice for most San Franciscans, but homeownership remains an important goal and achievement for many families, and the main obsession of many politicians.

Part of the middle class exodus is unmistakably due to better homeownership rates in Oakland, Daly City, Marin, and other surrounding areas. But there are neighborhoods with higher rates of homeownership than others, including Bayview-Hunters Point.

BHP has long been a prime spot for low-income homeowners, but it’s slated for extensive new housing construction in the coming decades that could compromise its affordability. It is also an area hit hard by the foreclosure crisis: there have been 2,000 foreclosures in Bayview in the past four years, according to Ed Donaldson, housing counseling director at the San Francisco Housing Development Corporation.

Rising prices and the foreclosure crisis have played a large part in the large-scale African American out-migration that has devastated San Francisco communities in recent decades.

 

 

APARTMENTS OR CONDOS?

One of the biggest points of controversy in the homeownership debate has been the issue of condo conversion, which was brought up again this past week at the Feb. 14 Board of Supervisors meeting, when Sup. Mark Farrell asked Lee if he would support legislation to let 2400 tenancy-in-common (TIC) owners bypass legal limits and fastrack towards condo conversion.

Farrell framed this as “a vehicle to allow residents of our city to realize their goal of homeownership.”

On Jan. 16, the city held its annual condo conversion lottery, in which 200 lucky TIC owners win the chance to convert their units into condos, thereby legally becoming homeowners. TICs and condo conversion have long been fraught with controversy in San Francisco, where there is never enough housing for everyone who wants it.

Condo conversion proponents say that turning a TIC — usually a building that used to be rental housing that has been purchased by a group of people that own it in common — into condos is a cheap way to become a homeowner in a city as expensive as San Francisco.

But tenants rights advocates have long opposed this process on the basis that it depletes the city of its rental housing stock. “When you have more condo conversions, you have more evictions, and it’s harmful to low-income residents” Gullicksen said.

This controversy, and the struggle to maintain a balance between opportunities for homeownership and reasonable rents has raged in San Francisco for years. In 1982, the Board of Supervisors passed a limit of 200 condo conversions per year as a compromise. There are no regulations, however, on converting rental housing to TICs.

“This has come up almost every single year for years and years about this time,” said Peter Cohen, organizer with the Council of Community Housing Organizations.

This year, however, proponents are not simply reiterating a request to bypass the condo conversion lottery. Plan C, a coalition of San Francisco moderates, is pushing for adding a fee to condo conversion, ranging from $10,000 to $25,000, which would go towards an affordable housing fund.

Mayor Lee said that he is open to considering a change in condo conversion policy, “providing it balances our need for revenue for affordable housing, the value that responsible homeownership brings to the city, and the rights of tenants who could be affected by a change in policy.”

 

WHOSE TRUST FUND?

This comes at a time when the city is facing a loss of millions per year for affordable housing with the dissolution of the redevelopment agency (see “Transfer of power, Jan. 31).

That dissolution led to Mayor Lee’s plan for an affordable housing trust fund, to be voted on as a ballot measure this November. The kick-off for that plan also began recently, with a press conference and big-tent meeting to discuss what it might look like.

On the day after the Land Use Committee meeting, where he started the conversation on “middle class” housing, Wiener posed a question to Lee at a Board of Supervisors meeting, asking how the mayor plans to “ensure that the housing trust fund that comes out of the process you have convened will meaningfully address the need for moderate/middle income housing.”

Some are concerned that too much of the trust fund could be allocated outside low-income demographics. “There’s a limited size pie of resources,” Cohen said. “Just in a matter of the last months, we lost the redevelopment agency. The city is madly scrambling to try to replace that through housing trust fund, and working to get us back to somewhere close to where we were…Is that pie, that has dramatically shrunk, going to be stretched further for another income band?”

That question will be important when the proposal goes to vote in November. According to Donaldson, many low-income homeowners will not vote for the measure unless it addresses their needs. The specifics of the measure calling for the trust fund are still being worked out. But, it will likely be funded by an increase of the transfer tax paid when homes change ownership.

Yet that proposal was the subject of an unusual political broadside from the San Francisco Association of Realtors, which last week sent out election-style mailers attacking the idea. “Brace yourself for an unexpected visit from the city’s tax collector,” the mailer warns, showing the hand of government bursting through the wall of a home, urging people to contact Lee’s office.

The measure may also see opposition from low-income communities, especially if, as Wiener has urged in the past week, it allocates a chunk of funds towards middle-income housing.

“It’s hard to find people who will support it. They’re saying, ‘what’s in it for me? Why would I vote for a transfer tax that I’m going to have to pay to help finance the building of affordable housing or middle-income housing. Why support programs that will support middle income people, who make more money than existing homewoners?” explained Donaldson. To agree on a way forward for housing in San Francisco, policymakers will need to reconcile a range of interests. In the worst-case scenario, the profit interests of realtors and developers will overtake the interests of San Francisco families struggling to continue to live in the city they love. But housing advocates are willing to work together to come to a solution. “Let’s put everything on the table, and let’s figure it out. In the spirit of cooperation, and with the understanding that each respective constituent group is not going to get everything that they want, but let’s put all the cards of the table,” said Donaldson.

Valentine’s Day dump the banks rally: If only all break-ups involved this much singing (VIDEO)

7

Protesters across the country participated in “break up with your bank” day on Feb. 14. Several protesters happened throughout the Bay Area, including a demonstration organized by Causa Justa :: Just Cause, Occupy Bernal, Occupy SF Housing, and the San Francisco Tenants Union.

In past months those organizations have variously stopped evictions and foreclosures, prevented homes from being auctioned off, and organized mass protests. They’ve created trouble shutting down bank branches, sometimes for hours, on dozens of occasions.

For Valentine’s Day, protesters decided to have a little fun.

“Our intention is not to shut down the banks,” insisted Causa Justa organizer Maria Zamudio. “Just to break up with them.”

About 60 marched through the financial district Feb. 14, presenting large red broken hearts and “dump the banks” banners decorated with pink balloons.

http://www.youtube.com/watch?v=6-f6pHXQkbs

Security guards at the banks that the group approached locked their doors. Protesters, amused, began chanting “the banks shut themselves down.”

Bank of America building locked their doors when they saw the protest approaching. At the Wells Fargo west coast headquarters around the corner, a representative who identified himself as David accepted the card.

Afterwards, a dozen members of the group headed to City Hall for a Board of Supervisors meeting in support of a resolution brought by Supervisor John Avalos and co-sponsored by Supervisor Eric Mar. The resolution supports the city treasurer’s office in its recent efforts to include social responsibility and community reinvestment in its evaluation criteria as it searches for new banks in which to invest San Francisco’s money. The resolution passed.

“It’s not a victory, but a great step in the right direction,” said Zamudio. She hopes that the social responsibility assessment will look at a bank’s history with predatory loans, investment in small businesses, and refinancing mortgages.

Guardian editorial: Saving money on sunshine

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We hate to pick on Scott Wiener, who is a polite guy who always takes our calls and takes public policy seriously. He’s got an extensive legislative agenda — good for him — and he’s effective at getting bills passed. We’re with him on nightlife, and even on nudity towels in the Castro.

But he’s been taking on some more disturbing causes of late — he’s managed to tighten the rules for the use of Harvey Milk Plaza and now he’s asking for an audit of the Sunshine Ordinance Task Force that looks at how much each city department spends responding to sunshine requests. We’re not against audits nor government efficiency, but this could lead to a lot of mischief.

There are plenty of problems with the task force, which hears complaints against city agencies that are denying the public access to documents. The biggest problem is that the task force has no enforcement authority — when the members find an agency or official to have willfully defied the law, the best they can do is turn those findings over to the Ethics Commission, which simply drops the case. Nobody ever gets charged with anything or gets in any trouble for refusing to follow what every public official in town piously insists is an excellent law.

And yeah, the meetings run long, and sometimes city employees have to sit around for hours waiting for their cases to come up. (Activists who testify before city commissions are used to that, but city employees are on the clock, and Wiener’s worried that it’s running up a large bill.)

But nobody’s talking about the money that the city has saved by those annoying government watchdogs keeping an eye on public spending — through the use of the Sunshine Ordinance. Nor is anyone talking about the immense amount of time activists and journalists have to spend fighting over records that should have been public in the first place — or how much money the Task Force has saved the city by creating a forum for resolving these issues out of court.

We can see the outcome here: The audit will show some large number, some cash amount with a bunch of zeros behind it, and the Chronicle will run a big headline about the high cost of this sunshine bureaucracy — and someone will suggest we find ways to streamline the process by clipping the task force’s wings.

That’s the wrong approach — particularly when there’s a much easier answer. Why not do what sunshine activists have suggested for years — make electronic copies of every document created by any city agency and post them in a database on the web? No more secrecy, no more hassle. It’s easy — if anyone at City Hall is serious about saving money on sunshine requests.

How business was done

8

news@sfbg.com

A complicated civil lawsuit alleging corruption and fraud and involving several prominent current and former city officials — including Mayor Ed Lee, who took the witness stand to discuss actions he took as city purchaser a decade ago — could end up costing city taxpayers as much as $10 million.

City and County of San Francisco vs. Cobra Solutions and Telecon was being deliberated by jurors in Superior Court at press time. It centers on a fraud and kickback scheme engineered by convicted felon Marcus Armstrong, a former Department of Building Inspection information technology manager who bilked the city out of at least $482,000 between 1999 and 2001 (see “Dirty Business,” 2/8/11). His scheme was exposed by an FBI investigation following a whistleblower’s complaints in September 2001 that sub-contractors were not being paid.

The City Attorney’s Office accused Cobra Solutions of participating in Armstrong’s fraud, but Cobra’s owners denied being part of the scheme and they say their business was wrongfully damaged when their contracts were frozen by city officials.

Armstrong created two phony companies, Monarch Enterprises and Mindstorm Technologies, and ordered master contractor Cobra Solutions to use the phony sub-contractor companies to provide technology services to the city’s Computer Store (a list of approved contractors) under an agreement awarded to Cobra by the Committee on Information Technology (COIT). It also partnered with another company alleged by the city to be fraudulent, Government Computer Sales, Inc. (GCSI), whose principals fled and whose whereabouts are unknown.

Cobra Solutions founder and president James Brady had raised questions about Armstrong as early as 2000, questions that triggered an unfruitful investigation by the city. Brady maintained in court testimony that Cobra, unaware of Armstrong’s fraud, relied on him to sign off on work services that Armstrong’s phony companies were supposed to have supplied to the city.

The Computer Store was set up by then-Purchaser Ed Lee under the administration of then-Mayor Willie Brown to centralize technology procurement across departments. Now-Mayor Lee was deposed in the case and called to the witness stand on Feb. 6, where he said he awarded Cobra Solutions the highest-rated ranking among several vendors being evaluated by COIT for master contract award status. Each of the other city evaluators, including Deputy Controller Monique Zmuda, also ranked Cobra the top service provider.

According to Armstrong’s guilty plea agreement, GCSI partnered with Armstrong to defraud the City out of $240,000. Deborah Vincent James — then-director of COIT and now deceased — testified in a pre-trial deposition that GCSI was “fraudulent,” that city staffers recommended against certifying the company, and that it was only awarded master contract status because of its political ties to Brown, who directed Lee to overrule the staff recommendation. In his deposition, Lee claimed he could not remember GCSI.

Vincent-James and former Purchasing Directory Judith Blackwell forwarded whistleblower complaints about GCSI to the City Attorney’s Office in early 2001, but neither that office nor the Controller’s Office acted on the complaints until GCSI had gone bankrupt and GCSI’s owners, two foreign nationals, had disappeared.

Of note, Lee was not questioned about his and Brown’s involvement in awarding GCSI its master contract status in 1998. Time restrictions placed on attorneys by Judge James McBride limited the scope of witness examinations, so the most politically explosive charges went largely unexplored in court.

The city completed a subsequent investigation in January 2003 that resulted in stopped payments to Cobra, contract termination, and the city’s civil lawsuit filed by City Attorney Dennis Herrera against Cobra in April 2003. Following Herrera’s filing against Cobra, Herrera demanded an audit of Cobra which Cobra refused, citing a conflict of interest. Herrera had previously represented Cobra in private practice before he was elected City Attorney in 2001.

A trial court ruled in that Herrera had a conflict of interest, disqualifying Herrera and his office from participating in the Cobra case, a ruling later upheld by the California Supreme Court. Yet the suit alleges Herrera and his office continued to supply work to various City agencies and to effectively prevent Cobra from doing further business with city. By withholding the $2 million Cobra was owed by the City, COIT was able to disbar Cobra from entering into master contract agreements with the city, claiming Cobra was fiscally “non-responsible,” according to court testimony.

Blackwell, in her testimony at trial, said the determination of Cobra’s non-responsibility was used as a “pretext” for Cobra’s disbarment, a procedure that should have triggered a hearing to allow Cobra to defend itself against debarment. That never happened.

An FBI investigation into Armstrong’s kickback scheme resulted in Armstrong pleading guilty to mail fraud, wire fraud, and obstruction of justice in July 2003. No criminal charges were ever brought against Cobra Solutions or Telecon and yet the city’s outside law firm, Cotchett, Pitre & McCarthy LLP, which tried the case on behalf of the city, held on to the city’s allegation of fraud committed by Cobra and Telecon throughout the case and trial until closing arguments on Feb. 9.

In his closing arguments, attorney Ara Jabagchourian made no mention of Telecon, effectively dropping the city’s claims against Telecon, and constricted the city’s damage claims against Cobra. He asked the jury to award the city up to $266,000, money paid to Cobra for work authorized and signed-off by the city, via Armstrong, for breaching a provision in the contract agreement between the city and Cobra that requires the master contractor to “supervise” sub-contractors.

But Cobra’s lawyers — the firm of Gonzalez & Leigh, which includes former Board of Supervisors President Matt Gonzalez, who took a leave from his current job as deputy public defender to consult on the case — says it is the city that should pay for fatally harming a business without just cause.

“The City and City Attorney’s office falsely accused Cobra and Telecon of stealing $2.4 million dollars from the City, destroying these companies and ruining the lives of good, decent people who were the victims of a city tech official who should not have been hired in the first place,” said attorney Whitney Leigh. “Then the City Attorney made it worse, flatly defying an order disqualifying the City Attorney’s Office and instead driving efforts to run Cobra and Telecon out of business just because Cobra raised the issue of the conflict of interest. I’ve been unable to find any case in which an attorney has so flagrantly ignored a disqualification order.”

Herrera can’t comment on the case, but his office previously told the Guardian, “Immediately upon discovery of Cobra’s role, the office screened Herrera off from further involvement in the investigation and all matters related to it in accordance with a stringent ethical screening policy Herrera established when he took office.”

The-City Controller Ed Harrington, who exerted significant influence over contract awards and debarment proceedings as chair of COIT, conceded in court testimony that internal controls failed to detect Armstrong’s scheme.

“In the case of Marcus Armstrong, the control within the city failed and the control within Cobra failed,” Harrington, now head of the San Francisco Public Utilities Commission, told the court. “We had both controls in place. If they had worked, the city would have been protected. Both failed.”

Cobra is seeking damages for breach of contract (the city’s failure to pay monies owed Cobra), and civil rights due process violations in connection with the city’s apparent conspiracy to bar Cobra from doing further business with the city.

A business valuation expert testified Cobra Solutions was valued between $5.2 million and $8.8 million based on future lost profits from the city’s debarment. With attorney fees and court costs, the city could be on the hook for as much as $10 million.

The city has subsequently established more stringent controls as it relates to the authorization of work assigned to master contractors and sub-contractors. The jury was expected to resume deliberations on Feb. 14 and deliver its verdict by week’s end. Check the SFBG.com Politics blog for the latest.

Would Sept. elections be better than RCV?

25

A proposal by Supervisors Sean Elsbernd and Mark Farrell to end San Francisco’s experiment with Ranked Choice Voting will come before the board Feb. 14, and RCV suporters are organizing to fight it. According to an email I just got from Steve Hill, one of the leaders in the RCV movement, “the vote is going to be close.”

The first version of the Elsbernd-Farrell legislation would have returned the city to the pre-RCV situation — the general election for city offices would take place in November, and runoffs in any race where nobody got a majority (almost every contested city race these days) would take place in December. 

The December turnout in Board of Supervisors races was always way lower that the turnout in the November election (although that hasn’t always been the case in mayoral races — more people voted in the Matt Gonzalez-Gavin Newsom runoff than voted in that year’s general election).

But the two conservative supervisors have backed off that plan and replaced it with another one: The first election (in effect, the primary) would be held in September, with the runoff in November.

Some years, that would be three elections in the city in five months — the normal June state election, a September city election, and a November general election.

I realize that a lot of people, including some of my friends on the left, aren’t thrilled with RCV. If the mayor’s race had a runoff, it would have been a head-to-head contest between Ed Lee and Dennis Herrera, and that would have been fun. (Where would David Chiu, who got stabbed in the back by Lee and who criticized him during the general election, have gone in the runoff? What about Leland Yee?)

But I have to say, a September election seems like a really terrible idea. When are the candidates going to campaign — during August, when about half of the city is out of town? Would the candidates all have to trek out to Burning Man? (You can’t send direct mail flyers to the playa.) Maybe you hold the election late in September — but then the absentee ballots would arrive when, over Labor Day weekend? Talk about low turnout.

The whole idea of RCV was to get more people involved in electing their representatives at City Hall. You can talk about whether it helps the left or the right or incumbents or whatever, but it’s really all about turnout. One election: More people vote. Two elections: Fewer people vote. September election: Very few people vote.

Then in November, when the turnout is highest, the choice will be lowest, because the candidates who did well in the low-turnout election (typically the more conservative candidates) will be the only ones on the ballot.

On balance, I’m sticking with RCV — but if you have to change it, why not make the primary election in June? There’s already a June election in even-numbered years, it’s no added expense — and there’s the additional value of forcing candidates for mayor and supervisor to declare their intentions and get in the race early on. No more Ed Lee August surprise.

I asked Elsbernd about it and he told me that New York City holds its primary in September, and that’s an effective model. And, he pointed out, there’s no June primary in the odd-numbered years, when the mayor, sheriff, city attorney, treasurer and public defender are on the ballot.

True — but if you’re going to have a special municipal election anyway, June makes more sense to me. People are used to voting in June. I worry about September.

Meet the new supervisor

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Christina Olague, the newest member of the Board of Supervisors, faces a difficult balancing act. She was appointed by Mayor Ed Lee, whom she supported as co-chair of the controversial “Run Ed Run” campaign, to fill the vacancy in District 5, an ultra-progressive district whose voters rejected Lee in favor of John Avalos by a 2-1 margin.

So now Olague faces the challenge of keeping her district happy while staying on good terms with the Mayor’s Office, all while running in her first campaign for elected office against what could be a large field of challengers scrutinizing her every vote and statement.

Olague has strong progressive activist credentials, from working with the Mission Anti-Displacement Coalition to protect low-income renters during the last dot-com boom to her more recent community organizing for the Senior Action Network. She co-chaired the 2003 campaign that established the city’s minimum wage and has been actively involved in such progressive organizations as the Milk Club, Transit Riders Union, and the short-lived San Francisco People’s Organization.

“One of the reasons many of us are so supportive of Christina is she is grounded in the issues of low-income San Franciscans,” said Gabriel Haaland, who works with SEIU Local 1021 and accompanied Olague to a recent interview at the Guardian office.

She also served two terms on the Planning Commission — appointed by Board of Supervisors then-President Matt Gonzalez in 2004 and reappointed by then-President Aaron Peskin in 2008 — where she was known for doing her homework on complicated land use issues and usually landing on the progressive side of divided votes.

“Coming from the Planning Commission, she can do a lot of good,” said Tom Radulovich, executive director of Livable City and a supporter who has worked with Olague for 15 years. “We lost a lot of collective memory on land use issues,” he said, citing the expertise of Chris Daly and Aaron Peskin. “We do need that on the board. There is so much at stake in land use.”

Olague disappointed many progressives by co-chairing Progress for All, which was created by Chinatown power broker Rose Pak to push the deceptive “Run Ed Run” campaign that was widely criticized for its secrecy and other ethical violations. At the time, Olague told us she appreciated how Lee was willing to consider community input and she thought it was important for progressives to support him to maintain that open door policy.

In announcing his appointment of Olague, Lee said, “This is not about counting votes, it’s about what’s best for San Francisco and her district.” Olague also sounded that post-partisan theme, telling the crowd at her swearing-in, “I think this is an incredible time for our city and a time when we are coming together and moving past old political pigeonholes.”

With some big projects coming to the board and the working class being rapidly driven out of the city, progressives are hoping Olague will be a committed ally. There’s some concern, though, about her connections to Progress For All campaign’s secretive political consultant, Enrique Pearce.

Pearce has become a bit of a pariah in progressive circles for his shady campaign tactics on behalf of powerful players. In 2010, his Left Coast Communications got caught running an independent expenditure campaign partly funded by Willie Brown out of Pearce’s office, even though Sup. Jane Kim was both its beneficiary and his client — and that level of coordination is illegal. Last year, Pearce was hired by Pak to create the “Run Ed Run” campaign and write the hagiographic book, The Ed Lee Story, which also seemed to have some connections with Lee’s campaign. The Ethics Commission hasn’t fined Pearce for either incident, and he didn’t return a Guardian call for comment.

Olague told us not to worry. “He’s a friend…and I think it’s an exaggerated concern,” she said, confirming but minimizing his role so far. Yet she hired one of Pearce’s former employees, Jen Low, as one of her board aide. Olague’s other aides are Chris Durazo from South of Market Community Action Network (SOMCAN) and Dominica Henderson, formerly of the SF Housing Authority.

Debra Walker, a progressive activist who served on the Building Inspection Commission and has worked with Olague for decades, said she’s a reliable ally: “She’s from the progressive community and I have no equivocation about that.”

Olague makes no apologies for her alliances, saying that she is both independent and progressive and that she should be judged by her actions as a supervisor. “People will have to decide who I am based on how I vote,” she said, later adding, “I support the mayor and I’m not going to apologize for that.”

 

OLAGUE’S PRIORITIES

Olague was born in Merced in 1961 to a Mexican immigrant father who fixed farming equipment and a stay-at-home mother. She went to high school in Fresno and moved to the Bay Area in 1982. She attended San Francisco State University but had to drop out to help support her family, working at various stock brokerage firms in the Financial District. She later got a degree in liberal studies from California Institute of Integral Studies.

In 1992, Olague’s mother was in serious car accident that left her a quadriplegic, so Olague spent the next seven years caring for her. After her mother died, Olague left the financial services industry and became a community organizer for the Mission Anti-Displacement Coalition, battling the forces of gentrification and then-Mayor Brown and becoming an active player in the ascendant progressive movement.

But Olague never abided progressive orthodoxy. She backed Mark Leno over the more progressive Harry Britt in their 2002 Assembly race and backed Leno again in 2007 when he ran for state Senate against Carole Migden. She also voted for the Home Depot project on Bayshore Boulevard despite a progressive campaign against the project.

Olague worked with then-Sup. Chris Daly to win more community benefits and other concessions from developers of the Trinity Plaza and Rincon Tower projects, but now she is critical of Daly’s confrontational tactics. “Daly’s style isn’t what I agree with anymore,” Olague said, criticizing the deals that were cut on those projects to approve them with larger than required community benefits packages. “I think we romanticized what we got.”

So how does Olague plan to approach big development proposals, and is she willing to practice the brinksmanship that many progressives believe is necessary to win concessions? While she says her approach will be more conciliatory than Daly’s, she says the answer is still yes. “You push back, you make demands, and if you don’t think it’s going to benefit the city holistically, you just fucking say no,” Olague said.

Walker said Olague has proven she can stand up to pressure. “I think she’ll do as well as she did on the Planning Commission. She served as president and there is an enormous amount of pressure that is applied behind the scenes,” Walker said. “She’s already stood up to mayoral pressure on some issues.”

Yet even some of Olague’s strongest supporters say her dual — and perhaps dueling — loyalties to the Mayor’s Office and her progressive district are likely to be tested this year.

“It’ll be challenging for her to navigate,” Radulovich said. “The Mayor’s Office is going to say I want you to do X and Y, and it won’t always be progressive stuff, so it’ll be interesting to see how that plays out.”

But he said Olague’s land use expertise and progressive background will likely count for more than any bitter pills that she’s asked to swallow. “Sometimes, as a policy maker, you have to push the envelope and say we can get more,” he said. “It helps if you’re willing to say no to things and set boundaries.”

When we asked Olague to lay out her philosophy on dealing with land-use issues, she said that her approach will vary: “I have a very gray approach, project by project and neighborhood by neighborhood.”

Only a couple weeks into her new role, Olague said that she’s still getting a lay of the land: “I’m in information gathering mode, meeting with neighborhood groups to try to figure out what their issues are.”

But Olague said she understands that part of her job is making decisions that will disappoint some groups. For example, after Mayor Lee pledged to install bike lanes on Fell and Oak streets to connect the Panhandle to The Wiggle and lessen the danger to bicyclists, he recently stalled the project after motorists opposed the idea.

“I’m a transit-first person, for sure. I don’t even drive,” Olague said of her approach to that issue, which she has now begun to work on. “We’ll try to craft a solution, but then at some point you have to fall on one side or the other.”

 

THE “JOBS” FOCUS

One issue on which Olague’s core loyalities are likely to be tested is on the so-called “jobs” issue, which both Lee and Olague call their top priority. “Jobs and economic revitalization are very important,” she told us.

Progressives have begun to push back on Lee for valuing private sector job creation over all other priorities, such as workers’ rights, environmental safeguards, and public services. That came to a head on Jan. 26 at the Rules Committee hearing on Lee’s proposed charter amendment to delay legislation that might cost private sector jobs and require extra hearings before the Small Business Commission. Progressives and labor leaders slammed the proposal as unfair, divisive, unnecessary, and reminiscent of right-wing political tactics.

But when we interviewed Olague the next day, she was reluctant to criticize the measure on the record, even though it seemed so dead-on-arrival at the Board of Supervisors that Mayor Lee voluntarily withdrew it the next week.

Olague told us job creation is important, but she said it can’t squeeze out other priorities, such as protecting affordable rental housing.

“We always have to look at how the community will benefit from things. So if we want to incentivize for businesses, how do we also make it work for neighborhoods and for people so that we don’t end up with where we were in the Mission District in the ’90s?” she said.

Olague also said that she didn’t share Lee’s focus on jobs in the technology sector. “There’s a lot of talk of technology, and that’s fine and I’m not against that, and we can see how it works in the city. But at the same time, I’m concerned about folks who aren’t interested necessarily in working in technology. We need other types of jobs, so I think we shouldn’t let go of the small scale manufacturing idea.”

Local control of cops

1

news@sfbg.com

Sup. Jane Kim has introduced legislation to the Board of Supervisors calling for a re-examination of the San Francisco Police Department’s participation in some aspects of the Joint Terrorism Task Force, which was created by the Federal Bureau of Investigations to do domestic surveillance.

The proposed ordinance would prohibit the SFPD from working with the JTTF to collect intelligence on individuals in the absence of criminal wrongdoing, which has been a concern of civil libertarians since last year when a secret memo revealed that local officers were under FBI command and not bound by local and state restrictions on such surveillance (see “Spies in blue,” 4/26/11).

Kim said the ordinance was necessary to ensure the “requirement of reasonable suspicion before we do any type of investigation of criminal activity. And we don’t base it on ethnic identification or religious practice as some of the members of the community have been experiencing the last couple of years.

“Our office is sponsoring this because many members of the Arab, Asian and the Muslim community worship in the district and own many small businesses,” she said.

Critics of the relationship between local and federal law enforcement agencies, facilitated through participation in the JTTF, have long raised concerns about racial profiling and unnecessary spying ordered at the federal level, and carried out by SFPD inspectors assigned full time to the task force.

Federal regulations governing FBI intelligence gathering are weaker than standards set by San Francisco and California’s Constitution. In 1990, the San Francisco Police Commission established rules requiring that intelligence-gathering involving any First Amendment activity be based on reasonable suspicion of significant criminal activity. Those rules reflect the California Constitutional requirement of an “articulable criminal predicate” before law enforcement agencies engage in intelligence-gathering activity.

However, because the SFPD inspectors assigned to the JTTF work under the direction of the FBI, the local regulation and control of law enforcement is effectively limited in JTTF investigations.

“It’s important that a clear prohibition against policing based on race, ethnicity, national origin, or religion applies to all of our officers, all of the time,” said John Crew, police practices expert for the Northern California chapter of the American Civil Liberties Union. The ACLU is one of more than 30 civil rights and community organizations participating in the Coalition for Safe SF, which helped develop the proposed ordinance.

According to the coalition, current rules prevent the SFPD from barring its inspectors assigned to the JTTF from joining FBI agents in collecting intelligence on San Franciscans without any “particular factual predication.”

“The purpose of this legislation is to restore local control, civilian oversight, and transparency over the SFPD’s participation in FBI intelligence-gathering,” stated attorney Nasrina Bargzie of the Asian Law Caucus, which is part of the coalition.

The coalition was a major participant in the San Francisco Human Rights Commission hearing in 2010 on the issue of baseless spying and racial profiling in JTTF investigations. The result was a comprehensive report, endorsed by the Board of Supervisors last spring.

But in 2011, the ACLU and Asian Law Caucus learned that key protections for civil liberties — including civilian oversight of intelligence activity and safeguards to limit intrusive tactics — were thrown out the window and replaced by a secret Memorandum of Understanding with federal law enforcement in 2007.

Under the MOU, SFPD paid officers work out of the local FBI office. The secure nature of their work means they must seek federal permission to even talk to their superiors in the SFPD about their work, effectively removing them from the local chain of command. Despite mandated requirements on local law enforcement, the MOU does not allow for any civilian oversight of the work of officers assigned to the JTTF.

San Francisco Chief of Police Greg Suhr said he believes that the concerns have already been addressed. In his first days in office, Chief Suhr issued a binding Bureau Order #2011-07 setting forth the requirement that officers comply with local standards.

An excerpt of the order reads, “SFPD officers shall work with the JTTF only on investigations of suspected terrorism that have a criminal nexus. In situations where the statutory law of California is more restrictive of law enforcement than comparable federal law, the investigative methods employed by SFPD officers working on JTTF investigations shall conform to the requirements of such California statutes.”

“With this Bureau Order, the language of the 2007 Memorandum of Understanding no longer applies and SFPD personnel are bound by the provisions of the 2011 Order,” SFPD Public Information Officer Albie Esparza told the Guardian.

But Crew said that as long as the MOU between the SFPD and federal law enforcement remains in place, Suhr’s order at best creates contradictory policy. “The Memorandum of Understanding is a binding legal contact with the federal government. Which do you think will take legal precedence when it comes up against a local police chief’s departmental order?” said Crew, who urged the department to clarify the matter by withdrawing from the MOU, a step the SFPD has thus far been unwilling to take.

A letter from Sept. 28 of last year to Coalition for Safe SF from FBI Special Agent Stephanie Douglas regarding the contradiction clarifies the matter. “I do retain the right to assign FBI JTTF cases,” states Douglas, who goes on to assert it is she who makes the confidential judgment of which cases fall afoul of the state and city rules and which do not.

After years of intelligence-gathering authorized under a secret memorandum, public mistrust in the SFPD’s relationship to federal law enforcement persists. Kim says she believes the proposed ordinance will still help make San Francisco safer. “It increases the trust of the community members that are working with public safety in reporting, and in cooperating around many of the actual criminal activities that might be going on in the city,” she said.

The proposed legislative approach of regulating the scope of local participation in federal JTTF work is not unprecedented. The city has the option of terminating the MOU with 30 days notice, a step that the city of Portland, Oregon has taken to prevent its police force from spying on citizens in violation of local and state law.

In December, the city of Berkeley suspended its agreement with the Northern California Regional Intelligence Center (an arm of the Joint Terrorism Task Force) as part of a broad review of that city’s relationship to other local and federal law enforcement agencies (see “Policing the police,” 12/13/11).

“What this is about is maintaining local control of law enforcement and ensuring the civil liberties of the people of San Francisco,” Crew said. “Don’t San Franciscans deserve the same protection of their civil liberties as the people of Portland?”

Kim was joined by Sups. David Compos and John Avalos in sponsoring the ordinance. Supervisors are expected to vote on the whether to adopt the ordinance this spring after the measure is heard by the city’s Public Safety Committee following the normal 30-day hold. The measure seems to have the support it needs to pass the Board of Supervisors, but it remains unclear whether Mayor Ed Lee, who did not answer our inquiries, will sign it.

Plastic bags banned from all SF stores

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The Board of Supervisors voted to expand a 2007 ban on plastic checkout bags to cover all retail and food establishments.

The law bans all businesses from providing plastic bags to customers. It also requires a ten cent fee for paper bags, to be pocketed by the store. With the ban, only paper bags, compostable bags, and reusable bags will be permitted at checkout. The city hopes to encourage shoppers to carry reusable bags.

Supervisors acknowledged that this ordinance could create confusion and inconvenience for business owners.

Many supervisors, notably Chiu and Weiner, emphasized that in the past few months they had done outreach in their districts, explaining the bill at open forums and neighborhood association meetings, and getting community feedback.

Two amendments– an exemption of certain items, such as fresh flowers, bulk candy and loose nails, and a cap of the paper bag cost at ten cents- -were the were results of community feedback.

With the amendments, the ban passed unanimously, with ten votes (Supervisor David Campos was ill and not in attendane.)

Melanie Nutter, Director of the city’s Department of the Environment, helped lead the outreach efforts.

“I am pleased. The legislation being considered today will encourage customers to reuse their bags. This will dramatically reduce the impact of hundreds of millions of disposable bags currently in use in our city. These bags end up on our streets, in our bay and oceans, and in landfills,” said Nutter.

The most notorious effect of plastic pollution on the Pacific Coast is the “Great Pacific Garbage Patch,” a floating conglomeration of trash that has been known to kill marine life and has been a target of environmental concern.

The ban will take effect Oct. 1.

Nutter said that the city is looking into a bag giveaway program to ease access to reusable and compostable bags for consumers and businesses. She added that, for businesses that are not able to use up their inventory of plastic bags by Oct. 1, some exemptions to the implementation date may be made.

Original legislation to ban plastic bags from grocery stores and chain pharmacies passed in 2007.  Since, several California cities have followed suit, including Malibu, Palo Alto, Los Angeles, San Jose and Long Beach.

“Now, it’s time for San Francisco to catch up and continue to show environmental leadership,” said Supervisor Christina Olague.

Guardian editorial: Ellison wins, San Francisco loses!

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EDITORIAL San Francisco’s not going to lose the America’s Cup. Oracle CEO and yachting billionaire Larry Ellison is too excited about the prospect of bringing the sport (and his company’s logo on the sail of his boat) to a mass audience for the first time in history that he’s not about to abandon San Francisco Bay. The process is too far along; that much is a done deal.

But the development agreements for the city’s waterfront is not a done deal at all — in fact, the proposal could wind up giving Ellison effective control over five piers and a valuable waterfront lot that he could develop for condos. And the city won’t get anywhere near enough out of the deal.

The development agreement is really just a sideshow in the cup planning; nobody’s arguing that Ellison’s America’s Cup Event Authority will need space to stage the race, and that will require the renovation of some waterfront property. And nobody disputes that the event will bring tourism and revenue to the city, which will offset some of the cost of allowing Ellison rights to the waterfront.

The rest of it is purely a real estate deal: Ellison’s offering to put millions of dollars in to renovating crumbling and underused piers, and in exchange the Port of San Francisco — which lacks the money to rebuild the waterfront and has no credible plans for a good part of its property — will give Ellison long-term low-cost leases and development rights on Piers 26, 28, 30-32 and possibly 29, as well as Seawall Lot 330 at Embarcadero and Bryant.

The city’s never been terribly good at cutting tough deals with real-estate developers, and the history of San Francisco is littered with examples of the taxpayers losing out to the speculators and builders. And in the furor of excitement over the America’s Cup, this development agreement could become the latest sellout.

The original projections for the economic impact of the event are looking more and more questionable; it’s entirely possible that San Francisco will wind up with far less than the $1.4 billion in spending and the thousands of jobs that cup promoters have promised. It’s still going to be a big deal, and the city (particularly the hospitality industry) will do well — but it’s not the answer to all of San Francisco’s problems. By the end of 2013, the event will be over — and Ellison will have essentially taken title to a huge amount of public land, for as long as 60 years into the future. And he won’t be paying the city the normal development fees, the normal impact fees, or even reasonable annual rent to the Port.

The supervisors need to put aside the hype around a sailing regatta and look at this for what it is: A real-estate development agreement with one of the world’s richest people. And right now, it’s a lousy deal for the city.

 

A new district elections map

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There’s only about a month left before the Redistricting Task Force starts to finalize a new map for supervisorial districts in San Francisco. You can look at the draft map the task force is working on here. The Guardian held a forum on the topic Jan 26 and that’s lead to an alternative community map, which is here. The group that worked on the draft community map is continuing to meet, and I’d love to hear more feedback on it. You can email comments to map@sfbg.com or just post them as comments here.

Transfer of power

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yael@sfbg.com

Feb. 1 marks the first day that San Francisco and other California cities no longer have redevelopment as a tool for building affordable housing or dealing with urban blight, but questions remain about how the power and functions of the San Francisco Redevelopment Agency (SFRA) will now be used.

On Dec. 29, the California Supreme Court upheld the validity of Assembly Bill 26, which dissolved all redevelopment agencies throughout the state and redirected the property tax revenue they accumulated to prevent deep cuts to public schools.

Redevelopment agencies, established in California in 1948, were charged with revitalizing “blighted” areas of cities. There were 400 such agencies throughout California, funded by incremental increases in property taxes within a redevelopment zone. Agencies could borrow against that revenue source to subsidize development projects.

AB 26 mandated that all cities dissolve their redevelopment agencies by Feb. 1 and transfer assets to successor agencies meant to “expeditiously wind down the affairs of the dissolved redevelopment agencies,” according the bill’s text.

A resolution passed by the Board of Supervisors on Jan. 24 authorized the transfer of SFRA affordable housing assets to the Mayor’s Office of Housing (MOH) and its non-housing assets to the city’s Department of Administrative Services. It also created a board to oversee the implementation of the SFRA’s ongoing projects.

Now, San Francisco is faced with the task of continuing to fund affordable housing projects and other development without the SFRA, and the board’s resolution laid out some of the terms for how the city will do that, although much remains to be determined.

Mayor Ed Lee appointed all members of the oversight board, which includes Planning Director John Rahaim; MOH Director Olson Lee; Nadia Sesay, director of the Mayor’s Office of Public Finance; and Bob Muscat, director of International Federation of Professional and Technical Engineers, Local 21.

In recent weeks, some groups have raised concerns that these appointees are not representative of the communities impacted by the ongoing redevelopment projects that they will be entrusted with overseeing, and that too much power is concentrated in the Mayor’s Office.

“One of our biggest concerns is that the oversight body could be made much more accountable and democratic,” said Jeron Browne of People Organized to Win Employment Rights (POWER)-Bayview. Much of Bayview-Hunters Point is no longer under the authority of the Planning Commission or any regular zoning laws since it was declared a redevelopment project site in 2000.

Sup. Malia Cohen, who represents the area, added an amendment to the board’s resolution that would impose term limits on oversight board positions. “I understand that there are a number of concerns that have been raised about the composition of the board. However, given the short time frame and the technical nature of the board and its obligations, I’m very comfortable with these appointees that they will be able to make decisions necessary to make the projects move forward. Additionally, with the inclusion of staggering terms we will be able to ensure that there is ample opportunity to include representation from affected communities,” Cohen said at the meeting.

The board also passed an amendment to “clarify that the land use controls granted by the oversight board are consistent with previous land use authority granted by the Board of Supervisors and the redevelopment commission,” as a response to concerns that the oversight board will have too much power over land use in project areas.

Tiffany Bohee, interim director of the SFRA, said that the court’s ruling was the “least desirable possible outcome.” Bohee said the SFRA has spent recent weeks analyzing all enforceable obligations outlined by the ruling to make sure that the transition complies with the law and is as fair as possible to SFRA employees.

The positions that these 101 workers filled at the SFRA will no longer exist as of Feb. 1, and layoffs are underway. However, most will remain employed throughout a transition period that ends March 31, and Bohee said that many will find work in city agencies that will be charged with continuing the work of the SFRA, such as MOH and the Planning Department.

MOH was historically responsible for allocating federal housing grants to city agencies. In past decades, federal budget cuts have severely limited the grants to build affordable housing. Now, although MOH has some power over city housing policy and allocation of funds to build housing, many of those responsibilities had been transferred to the Planning Department — or, until recently, the Redevelopment Agency.

The Planning Department is governed by the Planning Commission with four mayor-appointed members and three members appointed by the Board of Supervisors. The Planning Department implements planning standards and signs off on structural changes to the city, ranging from homeowner requests to alter houses to developer requests to build high-rises.

In many ways, the Redevelopment Agency was redundant, shadowing work done by the Planning Department. When an area was designated an SFRA project area, the planning code and zoning restrictions no longer applied, and developers working in partnership with the city had the power to define new land-use regulations.

Many critics of the SFRA said that private developers were able to use this lack of regulation to take advantage of the significant amount of money reserved for the agency. Deepening this concern was the fact that the Redevelopment Commission, which oversaw the SFRA, was composed entirely of mayoral appointees, which some felt were less accountable to the public interest than the Planning Commission.

Some feel that the oversight board, composed entirely of mayoral appointees, will repeat the same lack of accountability to neighborhoods.

“The city is setting up a planning commission for the 1 percent. And the Planning Commission that we have is the for the 99 percent,” said Tom Radulovich, executive director of Livable City, which works on land use issues. He said that with the dissolution of the SFRA, the city has an opportunity to facilitate the construction of affordable housing in a more democratic fashion. His organization expressed concerns to the Board of Supervisors, cautioning that the Oversight Board should not have undue power over land-use in development project areas and that the new structure in city government for facilitating development projects should be created with the input of communities. The Board of Supervisors made clear Jan. 24 that the Oversight Board and its appointees are a temporary measure to comply with AB26 by the Feb. 1 deadline. As Sup. Christina Olague said, “I just want to assure the public that this isn’t the end-all, be-all of this discussion, that it will be ongoing, and we welcome any of your concerns at any time.”

Castro plaza bill passes, 6-5

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The Board of Supervisors has passed a watered-down version of Supervisor Scott Wiener’s legislation to prevent camping and sleeping in Harvey Milk and Jane Warner plazas, with Supervisor David Chiu  casting the swing vote.

The bill passed 6-5 after an amendment by Chiu that stripped the bill of a provision which would keep shopping carts and other “large wheeled conveyances” from entering either plaza. But initial reactions among opposition activists has been mixed.

“I think it’s fair to say that Supervisor Chiu gave an elegant compromise with his amendment… It’s very polarizing legislation within the LGBT community,” said long-time LGBT activist Gabriel Haaland. Haaland, who added that he would not have voted in favor of the legislation, said many were concerned about the impact it might have on homeless LGBT youth.

Likewise, Bob Offer-Westort, an activist with the Coalition on Homelessness (CoH) who was arrested Friday night after pitching a tent in Jane Warner Plaza, expressed his satisfaction with today‘s decision, saying the supervisors removed the most controversial aspects of the legislation while applying the Parks Code, which imposes less onerous obligations on those subject to citations.

However he tempered this by saying, “it’s still still onerous and bad policy to use the criminal justice system to address homelessness. …I am very glad that supervisors who were concerned about the targeting of homeless youth took a moral stand today.”

Tommi Mecca, an activist with the San Francisco Housing Rights Committee, was training new activists and had not been able to watch the board vote,, but said that he was disappointed that the legislation passed at all.

“My initial reaction is that it’s sad we have to have regulations at all. Especially in Harvey Milk Plaza. Harvey Milk Plaza is a symbol for the LGBT community… it was just a fun, free place,” Mecca said.

“I don’t think it should be illegal to sleep in a public place. If there’s an earthquake, people think it’s fine to sleep on the street. But being homeless is a crisis too. Public space should be public… The reality was that we did not have a sixth vote to kill it.”

Two clean energy tracks for SF

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OPINION CleanPowerSF, San Francisco’s green electricity alternative to Pacific Gas and Electric Co., is set to launch this year. The program is following two parallel paths — one to build renewable energy in San Francisco and create thousands of local jobs, the other to purchase clean power from remote sources from Shell Energy.

While both tracks bring advantages, this bifurcated approach could end up serving only 30 percent of city residents. Fortunately, the city can easily improve the launch of CleanPowerSF by merging the two tracks.

Enacted by the Board of Supervisors and Mayor Gavin Newsom in 2004 and in 2007, CleanPowerSF is not a public-power program like Santa Clara’s Silicon Valley Power or Alameda Municipal Power. CleanPowerSF is a public-private partnership, much like the successful Marin Clean Energy, which can buy power in bulk from outside companies — and also generate its own renewable energy. PG&E still owns the transmission grid and will deliver electricity to customers, who then have the option of choosing between CleanPowerSF and PG&E.

The San Francisco Public Utilities Commission has embarked on a detailed analysis of PG&E electricity data to find out how much electricity is used in different parts of the city at different times of the day and how much it costs. That will pinpoint exactly where in San Francisco renewable energy should be built for the highest efficiency and lowest costs to ratepayers.

While this analysis is being conducted, the SFPUC plans to initiate the second track, offering ratepayers 100% renewable electricity purchased from Shell Energy North America. That will get CleanPowerSF up and running quickly — but would cost ratepayers between $6.70 and $54.50 more a month more than PG&E. As a result, the SFPUC estimates that as many as 70% of ratepayers could leave CleanPowerSF and go back to PG&E.

The SF PUC plans to offer CleanPowerSF to two-thirds of San Francisco customers — 230,000 residences — with as many as 155,000 opting out. Once these people opt out, they won’t be customers of the cheaper, locally produced, job-creating, green energy that will come later.

By comparison, only 20 percent of Marin Clean Energy customers opted out at initial rollout. That’s because Marin Clean Energy offers a 27 percent renewable energy option in addition to a higher-cost 100 percent green option. The “light-green” option is cheaper because it mixes in lower-cost, non-renewable electricity.

The PUC could keep more San Franciscans in CleanPowerSF by integrating the local generation and data analysis and purchasing tracks. First, it could include a cheaper light-green option like Marin’s. To determine what mix of renewable and non-renewable electricity would be cost-competitive with PG&E, the PUC would use the results from the first track, the analysis of electricity usage data, expected this spring. The Board of Supervisors could make these changes when it takes up the Shell contract this month or next.

In the past few months, CleanPowerSF has made much progress thanks to San Francisco Supervisor David Campos and Ed Harrington, general manager of the San Francisco Public Utilities Commission. The addition of a cost-competitive light-green option would enable CleanPowerSF to better compete with PG&E and keep more San Franciscans in the program — for the long term. That would significantly increase the number of new local jobs created and have a greater effect in fighting global climate change. It worked in Marin, and it can work in San Francisco as well..

John Rizzo is former chair of the Sierra Club Bay Area Chapter and current president of the San Francisco Community College Board

 

Arrest raises doubts about Wiener’s loitering ban

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Bob Offer-Westor, Human Rights Organizer for the Coalition on Homelessness (CoH), was arrested and issued a citation for loitering within half an hour of setting up his tent in Jane Warner Plaza on Friday evening. He demonstrated how the recent push to enact new anti-camping regulations – which the Board of Supervisors is considering this afternoon – will only seek to criminalize behavior already outlawed under s627(e) of the California Penal Code.

Following the incident, CoH claimed in a press release that the reliance by the San Francisco Police Department on PC 647(e) to arrest and cite Offer-Westor for loitering settles the debate by showing that legislation already exists to deal with the problem. But the author of the new regulations, Sup. Scott Wiener, remains unconvinced.

When contacted by the Guardian, Wiener reiterated his view that the claim that his proposal would duplicate existing law is “misinformation” and that existing laws referred to by the CoH either do not specifically relate to the two plazas or are so general as to be inapplicable.

This includes PC 647(e), the provision under which Offer-Westor was arrested, which states that: “Every person who lodges in any building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it is guilty of disorderly conduct, a misdemeanor.”

When asked to respond to news of the arrest, Wiener’s position was unshaken and he said that it was not surprising that the police relied on 647(e) as it is the only provision that may apply to camping in the plazas, but that its use by the officers proved nothing.

“Section 647(e) is vague and non-specific. One can argue that it does apply to camping in the plaza and someone could also argue that it does not apply. My legislation would clarify and make it explicit,” Wiener told us. “I would run the bet that if the ticket was taken to court that it would be found to be too vague and would not apply…Police should not have to rely on vague provisions.”

Offer-Westort would like to call Wiener’s bluff. He has sent Wiener – who is an attorney – a copy of his citation and asked the supervisor to act as legal counsel, but has so far received no response, adding that he objects to Wiener’s continuing use of the word “misinformation”.

“It’s amazing to me that he can continue to call this ‘misinformation’ after we have proven it in the real world,” Offer-Westort said.

Earlier this month, more than 20 prominent LGBT activists, including eight former presidents of the Harvey Milk Club, signed a letter outlining their opposition to Wiener’s regulations, saying that the legislation raises the spectre of infamous sit/lie laws which targeted the hippies of the 1970’s but were instead used to drive gay men out of the Castro.

Mayor Lee’s call for more hearings gets wary reception

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Labor and the Left came out strongly against Mayor Ed Lee’s proposed charter amendment to require all city legislation be delayed and subjected to hearings by the Small Business Commission and other commissions if it might cost private sector jobs, putting its prospects of making the ballot in doubt.

 “This legislation is one, unnecessary; two, unbalanced; and three, divisive,” Mike Casey, president of the San Francisco Labor Council – whose executive committee voted unanimously to oppose the legislation – said during today’s Rules Committee hearing on the measure.

He and other labor leaders noted that members of the business community have plenty of opportunities to weigh in on legislation it opposes, but Lee’s proposal would elevate employers’ interests far above those concerning the environment, consumers, public health, or workers. “This legislation gives one stakeholder undue power in the democratic process, which is undemocratic,” said Kate Hegé of La Raza Centro Legal, which represents day laborers and other immigrants.

Teacher Ken Tray of United Educators of San Francisco said, “Often times ‘jobs’ is used as a red herring to divert the city from doing what it needs to do.” It was a common theme, as opponents of the proposal noted that paid sick leave, the local minimum wage, and requiring employee health benefits were all fiercely opposed by the business community. “Anything that raises workers up, we’re told it’s a job killer,” said Larry Bradshaw of SEIU Local 1021.

Small business representatives – a bit sheepishly, given the tenor of the hearing, and without support from their downtown brethren – said they were simply looking for the ability to express their concerns. “We’ve tried to let small business have a voice at the Board of Supervisors,” said longtime small business advocate Scott Hauge, a regular at City Hall.
Keith Goldstein of Potrero Dogpatch Merchants Association said, “We feel we don’t have a say in this process.”

Mayor’s Office board liaison Jason Elliott emphasized that Lee’s charter amendment would create a delay and an extra hearing or two, but that supervisors would still be free to approve the legislation anyway. “This is about public participation and feedback,” Elliott said.

But Sup. David Campos, who led the questioning of Elliott, wasn’t buying it. “What’s the reason behind this? Is there a specific reason the Mayor’s Office has decided to do this now and through a charter amendment?” Campos said, probing for instances in which the Mayor’s Office thought the business community hadn’t been heard.

Elliott continued to say it was about emphasizing jobs and taking more public input, but he couldn’t explain what’s lacking currently or what’s muting employers. Campos thanked the Mayor’s Office for being willing to work with supervisors and accept amendments – including many introduced today, which delayed the vote on the measure until next week.
But Campos questioned the need for the legislation, comparing it to the hollow jobs rhetoric from the current field of Republican presidential candidates. “It’s not just the number of jobs you have, it’s the quality of those jobs,” Campos said.

(Side note: the Mayor’s Office issued a press release today celebrating the first two businesses to take advantage of last year’s controversial mid-Market payroll tax exemption, Zendesk and Pearl’s Deluxe Burgers, which created 56 jobs between them. And to help create those great burger joint jobs, Pearl’s got Redevelopment Agency assistance, a low-interest city loan, and an exemption from the payroll tax. For hiring burger flippers that probably make minimum wage. But I digress…)

Campos said that everyone in City Hall wants to see more good jobs in the city, “but I don’t believe this is a constructive approach.” Sup. Jane Kim echoed the sentiment, saying private sector job creation isn’t the only imperative. “Lowering our minimum wage to $3 or $1 an hour would create plenty of jobs in San Francisco,” she said.

Even the more conservative third committee member, Sup. Mark Farrell, said he tends to agree with his committee colleagues and made the motion to continue the item until next week, when its prospects for passage look weak unless Lee can convince them that there’s more to this measure than just political grandstanding.

America’s Cup moves forward, but economic concerns remain

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In past weeks, several environmental and community organizations filed two appeals of the Environmental Impact Report (EIR) prepared for the America’s Cup yacht race in 2013.

Jan. 24, the Board of Supervisors rejected the appeal, allowing for construction on the several major projects contained in the America’s Cup proposal to move forward.

But some supervisors say that the many groups with environmental concerns about the America’s Cup brought up important issues, including economic issues that will still need to be addressed.

Organizations involved in the appeals include San Francisco Tomorrow, Telegraph Hill Dwellers, and the Golden Gate Audubon Society.

The biggest concession regards the jumbotron, a giant TV screen that was planned to project the race’s events. The America’s Cup event authority planned to float the jumbotron’s 44-foot wide screen on a 140-foot barge, and anchor it with large concrete blocks, dropped in Aquatic Park. Opponents said that the blocks would stir up potentially toxic sediments and that the whole plan put Aquatic Park, a preferred beach of bay swimmers, at risk of a diesel spill that would have long-term implications for the safety of its swimmers.

After a heated back-and-forth, attorney for the The America’s Cup event authority Mary G. Murphy stated that the Authority would ditch plans for the water-born jumbotron and look into landside options.

President of the Dolphin Club Reuben Hechanova said that the decision on the jumbotron was a clear victory. The club, whose members have been swimming in the cold waters of Aquatic Park since 1877, was vocal in its opposition for plans for the floating TV. Members of the Dolphin Club and their allies had been meeting with city officials for over a year, campaigning against the jumbotron.

Hechanova denied that Dolphin Club members had planned to disrupt the America’s Cup in a swim-in called “Occupy the Bay” if plans for the floating jumbotron proceeded.

“We were always going to continue to work with the governing agencies…we were not going to occupy the bay. The only official spokespersons of the club are the board members,” Hechanova told the Guardian.

Appellants were also concerned about effects on air quality from cruise ship emissions.

The EIR claimed that these air quality issues would be mitigated with a shore-side power source on Pier 70, but appellants questioned the feasibility of these mitigating measures. Michael Martin of the Mayor’s Office on Economic and Workforce Development commented on the issue, stating that since issuing the report the port, along with its shipyard partner, BAE San Francisco Ship Repair, had in fact secured the 5.7 million necessary for the shore-side power project.

Still, several supervisors remained skeptical about the feasibility of paying for all of the mitigating measures crucial to the adequacy and accuracy of the EIR. Supervisors will vote on these and other financial matters associated with the Cup at a Feb. 14 hearing.

“I have questions remaining about finances, about union jobs that will be created for San Franciscans in this project…as well as assuring that there would be no hit to the general fund,” said Supervisor John Avalos at the meeting’s end.

Other environmental concerns, such as impact on sea and shore birds and on neighborhoods adjacent the America’s Cup area, went largely unresolved.

However, in an amendment proposed by Supervisor David Chiu, the Board made clear that they would require additional environmental reviews, including, potentially, more EIRs, for subsequent projects.

Aaron Peskin, former President of the Board of Supervisors and longtime water rights advocate, has been a vocal opponent of many aspects of the America’s Cup. He said these agreements are a step in the right direction.

“I wouldn’t call it a victory, I’d call it a step. It’s a good step,” said Peskin.

After the appeals had been rejected, Campos thanks all parties involved, including the appellants.

“I do believe that the two appeals that have been filed have clearly made this project better, and not only on the environmental piece. I think the appeals have also raised some very important issues about financial terms of this deal,” said Campos.

How should San Franciscans vote?

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The Board of Supervisors Rules Committee will consider competing proposals for changing how elections are conducted in San Francisco tomorrow (Thu/26) at 2 p.m., taking public testimony and voting on which ideas should go before voters in June.

Sups. Sean Elsbernd and Mark Farrell propose to end the ranked-choice voting (RCV) system and go back to runoff elections, while Sups. David Campos and John Avalos propose modifying RCV to allow more than three candidates to be ranked and changing the public campaign financing system to make qualifying more difficult and thus thin the electoral herd a bit. They would also consolidate odd-year elections for citywide offices into a single year, a proposal that Sup. Scott Wiener is also offering as a stand-alone measure.

“We believe our current election system fundamentally works. However, we heard concerns from voters during our last election that it was difficult to discern the different ideas and ideologies of the numerous candidates in the race. We are introducing an ordinance today that is designed to address this concern,” Avalos said in a public statement on Jan. 10 when their measure was introduced.

That package came in reaction to the proposal to repeal the RCV system that voters approved in 2002, a campaign that has been strongly promoted for years by political moderates, downtown groups such as the San Francisco Chamber of Commerce, and the San Francisco Chronicle and other mainstream media outlets.

During a forum at the San Francisco Planning and Urban Research Association last week, Elsbernd debated Steven Hill – the author and activist who created the city’s RCV system – on the issue. Much of it came down to differences over how to gauge the will of voters and allow them to make good decisions.

Hill’s argues that runoff elections – which have traditionally been held in December, although the current proposal could create either June/November or September/November elections – tend to have very low turnout of voters (who tend to be more white, rich, and conservative than in general elections). And they are usually dominated by nasty, corporate-funded independent expenditures campaigns designed to sully the more progressive candidate.

“Let’s face it, December was just a terrible time of year for an election,” Hill said, adding that September would be just as bad, June is too early, and both options would also likely have low turnouts.

Hill said that while RCV may have flaws, so does every electoral system, but that RCV is an accurate gauge of voter preference. He displayed charts and statistics showed that the winning candidate in every election since RCV started has won a majority of the continuing ballots, which are those that remain after a voter’s first three choices have been eliminated.

But Elsbernd seized on that idea to say, “Continuing ballots, that’s what this issue is all about.” He made the distinction between continuing ballots and total ballots cast, saying the latter is what’s important and that few winners under RCV receive a majority of total ballots cast.

“Our elected officials should be elected by a majority of the votes cast,” Elsbernd said.

He said that runoff elections offer voters a clear distinction between different candidates and their ideologies, and he even dangled a proposition that might have appealed to progressives in the last mayor’s race: “Wouldn’t we have loved our month of Ed Lee debating John Avalos about the future of San Francisco?”

Elsbernd cited crowded field free-for-all races like the District 10 race of 2010, in which Malia Cohen came from behind to win using RCV, saying they muddy up the contests. “The benefit of the runoff is you get that true one on one,” Elsbernd said, calling for “real discussion, real debates, about what San Franciscans want.”

Yet Hill said the crowded fields of candidates in some recent races wasn’t caused by RCV, a system that promotes real democracy by giving voters more than one choice of candidates rather than being stuck with the lesser of two evils. And rather than showing the problems with RCV, Hill said Cohen’s election (an African-American woman elected to serve a largely African-American district) and that of Mayor Jean Quan in Oakland (who came from behind to beat Don Perata, who many perceived as a corrupt party boss) show how RCV can help elevate minority and outsider candidates.

All those arguments – and many, many more – will likely be made during what’s expected to be a long afternoon of public testimony.