Board of Supervisors

Free Sunday meters challenge rejected, SFMTA board’s independence questioned

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The San Francisco Board of Supervisors voted to reject an environmental appeal of the decision to repeal paying for parking meters on Sundays, which was voted on by the San Francisco Municipal Transportation Agency in April as part of the agency’s annual budget approval.

It was a hotly contested decision, as competing interest groups fought for their slice of Muni’s funding. SFMTA Chairman Tom Nolan told us at the time, “As long as I’ve been on the SFMTA board I’ve never felt more pressure.”

This week’s appeal to the Board of Supervisors focused on one aspect of the overall SFMTA budget: the repeal of paid Sunday meters. 

“I appreciate there is frustration,” SFMTA Director Ed Reiskin said to the board. That was an understatement.

The Sunday meters benefit many, the appeal’s filers contended: Less cars circled around looking for parking (because more drivers could actually find spots) meant reduced congestion and safer streets for bicyclists and pedestrians. It’s a sign of the strength of the argument that the appeal was filed by transit advocacy group Livable City (whose executive director is BART board member Tom Radulovich) and Mario Tanev, a very bright policy wonk over at the San Francisco Transit Riders Union. 

The SFMTA’s own data proves the Sunday meters were good for the city,” Cynthia Crews of the League of Pissed Off Voters said to the board. “We need to stop playing chicken with public safety.”

But despite the environmental benefits of paid meters, the appeal was rejected. The reasons are buried in political gobbledygook, but untangling the complex story reveals the mayor’s power, and his missteps. 

Firstly, the environmental appeal wasn’t exactly aimed at the meters themselves, but at the SFMTA budget as a whole. That’s because the SFMTA board didn’t vote to repeal Sunday meters directly, but stuffed it into their approved budget, which is exempt from California Environmental Quality Act review. It was like serving up a distasteful Sunday meter fruitcake with the Muni budget holiday meal: You’d better eat the whole dinner, or else you’re not eating at all. 

Budgets are statutorily exempt from environmental review (otherwise there’d be an EIR with every major financial decision). So the Sunday meters were approved through a politically tactical move, shielded by the environmental exemption cloak of the budget.

This meant the environmental appeal yesterday targeted not just the meters, but it could effectively challenge the entire SFMTA’s right to environmental review exception for its budgets, supervisors said. They also warned such a challenge may set a precedent for other budgets from other agencies to not be exempt from environmental review, an onerous burden. That was too big of a pill for the board to swallow, which is likely why only two supervisors voted against granting the SFMTA the CEQA exemption: John Avalos and Eric Mar. 

Yet most of the political maneuvering wasn’t from the board, but from Mayor Ed Lee, a problem Supervisor David Campos used this review hearing to highlight. Even if you do or don’t want to see Sunday meter parking, irrespective of the issue,” Campos said, “I think the way this matter was handled by the SFMTA, respectfully, is not something anyone should be happy with.”

He continued: “Let’s be clear: The reason why the SFMTA budget included an item that did not provide for funding from Sunday meters is because the mayor wanted it that way. We have a budget system that is essentially run by decisions made in the Mayor’s Office.”

We posed this idea in our story “Politics over Policy” [4/22], contending that because the SFMTA is appointed by the mayor (meaning, he picks and chooses who is on the board), the board members are therefore politically beholden to the mayor. 

Campos drove this point home at the meeting: “I think there’s something to be said when the appointment of one official (on the SFMTA board) is entirely dependent on [the mayor], who can disagree or agree with the decisions you made.”

The night before our last story went to print, SFMTA Board Chariman Tom Nolan told us that was in fact exactly what happened on the Sunday meter issue. The SFMTA board, whose directors vote on resolutions every week, received a phone call from the mayor asking for a specific vote. And he got it.

Ed Resikin, myself, and a few others in a conference call [with the Mayor’s Office],” Nolan said. He told us the central message of the call was this: The mayor wanted to put a vehicle license fee increase on the city’s November ballot. In order to do that, the mayor contended, car drivers needed to feel like they weren’t being nickled and dimed. Paid Sunday meters had to go. 

That was where they advanced the idea that the mayor wanted to do that,” Nolan told us. “That call was right before the mayor’s State of the City message.”

Nolan is an affable, straightforward person. The budget the SFMTA passed came on the heels of a fiery meeting, filled to the gills with activists from the senior and persons with disabilties communities. They asked for free Muni for those same groups, which would cost less money than the Sunday meters would bring in — many at the meeting said the meters could pay for the free Muni service. The need is dire, as some seniors said they regularly made the choice between groceries and a Muni pass.

Nolan sounded deeply effected by their stories.

“Muni is for everybody, especially those who need it most,” he said. “The testimony was very heartbreaking. It’s expensive to live in this city.” 

But in the end, he told us, the mayor felt it was best to kibosh the Sunday meters, which deprived the SFMTA of funding to make Muni free for qualified seniors. We asked Nolan if the mayor had outsized influence on the SFMTA board.

“I think people are aware that we are quasi-independent,” he said. “We are clearly part of the city family. I can assure you that this happens very seldom that we get this pressure from the Mayor’s Office. He’s a very open-minded guy, really, and he has a high tolerance for ambiguity, which I like.”

“But,” you don’t turn him down, he said, because, “he’s the mayor.”

SFMTA Board Director Cheryl Brinkman supported paid Sunday meters. But when justifying her vote to repeal them, she told the packed board meeting the “best political minds” in the Mayor’s Office said it was the right thing to do in order to pass the VLF increase ballot measure.

But in a move that outraged Sup. Scott Wiener and many others, just this month Lee dropped the VLF ballot measure altogether for this year, eventually agreeing to support its placement on the November 2016 ballot.

So to pave the way for success at the ballot box the board rejected free Muni for seniors and lost over $10 million in Muni funding. And in the end, the mayor threw all the justification for his compromises out the window.

Best political minds, indeed. 

Justice delayed is justice denied

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EDITORIAL Members of the San Francisco Board of Supervisors who try to identify with both the progressive movement and business-oriented Mayor Ed Lee — most notably, Sups. David Chiu and Jane Kim — engaged in a strange bit of self-congratulations during their June 10 meeting, patting themselves on the back for a trio of “progressive” reforms.

Yet in each case, the measures are weaker than they should be and too long overdue — and they have their full implementation delayed for years, while the needs of the people they aim to serve are immediate. What Kim and Chiu presented as a demonstration of political effectiveness on behalf of needy constituents is actually just the opposite. It is political cowardice and not political courage.

The best of the trio of approvals was a measure by Sup. David Campos that finally closes the loophole that allows employers to satisfy their employee healthcare mandate by creating healthcare savings accounts, which they make difficult to use and then pocket the money that remains.

This should have been enacted three years ago when Campos first won approval for it, only to see Lee veto it and Chiu sponsor a watered-down alternative that didn’t address the problem. Even now, in order to win over Sups. Mark Farrell and London Breed to attain a veto-proof majority, Campos had to delay full implementation until 2017.

“I also want to commend Sup. Campos for finding compromise,” Chiu said before joining the inevitable majority, a snide dig at his Assembly race opponent that only served to reinforce Campos’ campaign trail points that Chiu’s compromises are often just sellouts to downtown interests. This watered-down version, albeit better than the last watered-down version, also won unanimous approval.

Another kumbaya moment came with the introduction of a consensus ballot measure for increasing the minimum wage in San Francisco, with the Mayor’s Office and business community finally agreeing with the campaign by labor and progressive groups to increase the minimum wage to $15 — but delaying that implementation to 2018. How much displacement and economic hardship will San Franciscans experience between now than then?

Chiu and Kim also sang the praises of Lee for finally agreeing to finally keep his word and support a local increase in the vehicle license fee to fund safer and smoother streets and more money for Muni. But rather than this year as promised, that measure will be on the November 2016 ballot, pushing it back from prosperous to uncertain times.

At the June 12 Guardian community forum, Sup. Scott Wiener said he may still move forward with his proposed charter amendment to give Muni more general fund money until the local VLF is approved, and we strongly urge him to so do.

“Justice delayed is justice denied” is a legal maxim that this board full of lawyers is certainly familiar with. Their delays of crucial reforms are disgraceful and damaging to the city, and for them to congratulate themselves for doing so is insulting.

Breaking the chains

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steve@sfbg.com

San Franciscans have always been wary of chain stores, more so than residents of any other major US city, none of which have taken on the ever-expanding national corporations and their homogenizing impact on local communities as strongly as San Francisco.

In the decade since San Francisco first adopted trail-blazing controls on what it calls “formula retail” businesses, those restrictions have only gotten tighter for various commercial districts around the city as elected supervisors seek to prevent big companies from taking over key storefronts from local shopkeepers.

But now, as the Planning Department and Mayor’s Office push a new set of formula retail regulations that they say standardizes and expands the analysis and controls for chain stores throughout the city, neighborhood groups and small business advocates are decrying aspects of the proposal that actually weaken those controls.

Most controversial is the proposal to almost double the number of outlets that a company can have before it is considered a formula retail business, going from up to 11 stores now up to 20 under the proposal, which was approved by the Small Business Commission last week and heads to the Planning Commission next month.

Opposition is particularly strong in North Beach, one of two neighborhood commercial districts that have an outright ban on formula retail business (Hayes Valley is the other) and where residents are organizing to fight the proposal at the Board of Supervisors and at the ballot if necessary.

“The Planning Department proposal to redefine what a chain store is flies in the face of the voters’ will and 10 years of successful chain store policy,” Aaron Peskin, the former Board of Supervisors president from North Beach who sponsored the ordinance banning chains there, told the Guardian.

The citywide voters he refers to are those who approved Prop. G by a wide margin in 2006, defining formula retail business as having 11 or more outlets with common branding and merchandise and requiring that they obtain a conditional use permit before opening in most neighborhood commercial districts, thus giving local residents a vehicle to stop those projects.

Although Prop. G allows the city to update its standards and definitions regarding formula retail, Peskin and others said throwing out the negotiated number of 11 outlets undercuts “the fundamental underpinning of the formula retail controls.”

The Planning Department proposal also does nothing to prevent big national chains from creating spin-offs to circumvent the controls, a growing trend that raised controversy in the last few years, including when Gap subsidiary Athleta opened a store on Fillmore Street and when Liz Claiborne owner Fifth & Pacific Companies tried to open a Jack Spade store in the Mission District.

Those two controversial provisions in the Planning Department proposal aren’t in rival legislation by Sup. Eric Mar, who has long been a champion of expanding controls on chain stores. Both the Mar and Planning Department legislation will go before the Planning Commission on July 17, and they could be either merged or move forward as rival proposals.

“We’re hoping this legislation moves forward as quickly as we can,” Mar told us. “We’re losing neighborhood character in many areas.”

 

WEAK LINKS

For all the indignant opposition to the Planning Department proposal expressed at the June 9 Small Business Commission meeting, where mayoral appointees led that body’s 4-2 vote approving the measure, the planners who developed it say they’re actually trying to expand the controls on chain stores.

Senior Policy Advisor AnMarie Rodgers and Project Manager Kanishka Burns sat down with the Guardian to go through details of the proposal and a May study it was based on, “San Francisco Formula Retail Economic Analysis,” by Strategic Economics, as well as an earlier study by the Controller’s Office.

“Our department is super committed to encouraging the diversity of neighborhood commercial districts,” Rodgers told us, acknowledging that small businesses often need protection from deep-pocketed corporations that can pay higher rents and enjoy other competitive advantages over mom-and-pop stores.

Rodgers cited studies showing that local small businesses circulate more of their revenues in the city than big chains, boosting the local economy. That’s one reason why the Planning Department proposal expands formula retail controls to include the categories business and professional services (including Kinko’s and H&R Block), limited financial services (including street front ATMs and small banking outlets), and fringe financial (such as check-cashing and payday loan outlets).

The new controls would also count a company’s outlets in other countries and locations that have been leased but not yet opened, it would expand some of the neighborhoods subject to formula retail controls, and it would require formula retail businesses to minimize their signage on the street, improve their pedestrian access, and fund more detailed analysis on their impacts on the local economy. Big box stores, in particular, would be required to submit to even more detailed economic impact studies.

Many of these same provisions are included in the Mar legislation, which also goes further in including gyms, gas stations, smoke shops, strip clubs, massage establishments, and various automotive businesses under the formula retail controls. Like the Planning Department measure, Mar’s also requires more data for formula retail applicants.

“We want to make chains fund economic impact statements before they go into the neighborhoods,” Mar said, noting how those studies will allow city officials to make better decisions about whether to approve formula retail applications.

Stacy Mitchell is the senior researcher for the Institute for Local Self-Reliance, an organization that has been working with San Francisco on its formula retail controls since their inception. She applauds the city’s current efforts to create more comprehensive guidelines and to require more economic analysis.

“San Francisco doesn’t have a good mechanism for fully evaluating the economic impact of these proposals,” Mitchell told us, calling the Planning Department and Mar efforts “a really good place to start the conversation.”

But Mitchell said that she doesn’t want to weigh in on what specific number of outlets may be right, saying city officials just need to decide, “What is the right balance and mix and how do we want to handle it?”

Rodgers told us the Planning Department legislation will expand the number of businesses that fall under formula retail controls, even as the threshold is raised to 20 outlets, although she couldn’t quantify exactly how much.

But critics are focusing on aspects of the proposal that loosen current restrictions, noting how that cuts against the trend in recent years of supervisors seeking to tighten restrictions in their districts, creating a hodgepodge of legislation that the Planning Department was trying to overcome with comprehensive new legislation.

 

WHAT’S A CHAIN?

The Planning Department’s new threshold and the arguments being made to support it rely heavily on making the case that three specific homegrown companies should be excluded from formula retail protections: Philz Coffee (with 14 stores), Lee’s Deli (13 outlets), and San Francisco Soup Company (16 locations).

“Right now, we would treat Philz the same way we treat Starbucks,” Burns said, noting that Starbucks has more than 20,000 outlets.

“Can’t you cut a break to the businesses that started here?” was a question that Rodgers says helped shape development on the regulations. The Strategic study found that about 5 percent of the retail establishments in the city had 11 to 20 outlets, while another 4 percent had 21-50 outlets. “We’re just trying to find the sweet spot.”

Yet Peskin said the change doesn’t make sense, and it’s just a way to give special treatment to a handful of local companies with political connections, and which have more resources to go through the conditional use process than a true small business.

“They’re basically finding another way to satisfy San Francisco Soup Company, a stalwart member of the Chamber of Commerce,” Peskin said.

Asked how she can seemingly circumvent the will of the voters, Rodgers told us, “It was a voter initiative, but it says the Planning Commission will establish further details.” In fact, Prop. G simply relies on the formula retail definitions that had already been adopted by ordinance started with a measure by then-President Matt Gonzalez in 2004.

But Peskin said the proposal to increase the threshold to 20 is an affront to popular local controls on chain stores, one that has little chance of becoming law.

“I don’t think the Board of Supervisors is crazy enough to go and undo one of the most successful pieces of legislation from the early part of this century. And if they do, then the voters won’t stand for it,” Peskin said, pledging to personally work on the campaign to protect existing formula retail controls.

Mar also said he will defend the current threshold. “The 11 that was written into the legislation was the result of a compromise,” Mar said, noting that Gonzalez initially placed the threshold at four stores and compromised with the business community on 11. “We’re going to do our best to work with our coalition to hold it to 11.”

 

CORPORATE CONTROL

Mar was also critical of the Planning Department proposal for not looking at corporate ownership of subsidiaries, something that his legislation does, stating that companies with a 50 percent or more ownership stake in an outlet get included in the formula retail designation.

“Our proposal has been attacked by people who think we’re over-regulating and those who think we’re under-regulating,” Rodgers told us.

Yet as the June 9 Small Business Commission hearing made clear, supporters of the proposal predictably came from the same business groups that have opposed formula retail controls from the very beginning: San Francisco Chamber of Commerce, San Francisco Association of Realtors, and San Francisco Building Owners and Managers Association.

Representatives from each of those three groups were the only people who spoke in favor of the proposal, each of them declaring it a “balanced” and “data-driven” compromise that they support, even as they argued for loosening the restrictions even more. But the vast majority of speakers were neighborhood activists critical of the proposal.

“Going from 11 to 20 makes no sense at all. Who picked out this number?” Susan Landry, owner of Animal Connection in the Marina District, told the commission. “Please have a conscience and vote for independent businesses.”

But Small Business Commissioner Kathleen Dooley said the vote was just the latest example of a commission stacked with mayoral appointees (including two bankers) doing the bidding of downtown rather than advocating for small business interests.

“Nine supervisors have tightened up the restrictions in their districts, but the Planning Department has gone the opposite way,” Dooley told us. “The irony was it all started with the protests [of chain applicants skirting local controls], but the Planning Department turned it on its head to loosen the restrictions.”

Yet the planners involved on the proposal call that a simplistic view that discounts the comprehensive nature of the new policy, which they say could serve as a model for other cities.

“I think they’ll all catch up to us,” Rodgers said of the other big US cities that have become to explore formula retail controls as local small businesses struggle against competition from chain stores. “We are a national leader on this and we want to get it right.”

Mitchell agreed: “There are lots of conversations going on around the country about how to meet this challenge, and people are watching what San Francisco does.”

Supervisors consider affordable housing half-step

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While the Board of Supervisors today considers placing a measure on the fall ballot that would slow market rate housing projects when affordable housing development drops below 30 percent of total production, it is also slated to quietly approve another item showing San Franciscans actually need more than double that amount of housing.

The 30 percent ballot measure by Sup. Jane Kim is covered by the San Francisco Chronicle this morning, an article that includes Chicken Little quotes from developers and their biggest cheerleaders, who fear the sky will fall if the current flood of luxury housing development is slowed even a little bit.

But those fears are unlikely to materialize given that Kim seems to have steadily weakened her measure since its introduction last month, responding to allies who deceptively warn of a “housing civil war.” The measure doesn’t create the moratorium that many affordable housing advocates have called for, simply a bit more paperwork for developers, and even then it exempts projects with less than 25 units and those bigger developers who file applications by the end of this year.

That sort of tepid approach to building the housing that current San Franciscans actually need belies the official city policy of seeking to build more than 60 percent of new housing for those earning 120 percent of the area median income or below, as spelled out in the Housing Element of the city’s General Plan.

Ironically, the board is scheduled to re-adopt the 2009 version of that plan today. Its approval of that plan in June 2011 was challenged in court by neighborhood groups, and in December the court ruled that the city needed to shore up its analysis of alternatives to comply with the California Environmental Quality Act. That work is now done, so the board today will repeal its 2011 action and re-approve the 2009 Housing Element.

The changes weren’t terribly significant — and besides, the city seems to essentially ignore its Housing Element anyway, even though cities and counties are required by state law to complete them and build their fair share of the affordable housing needed in their region. In rare cases, cities and counties can be fined by the state for not doing so, as was the case with Folsom many years ago when it built only market rate housing.

“Plan for the full range of housing needs in the City and County of San Francisco, especially affordable housing,” reads Policy 1.1 of the Housing Element.

Later in the plan, it spells out just how much housing that should be in San Francisco, based on the Regional Housing Needs Assessment done by the Association of Bay Area Governments: “A total of about 18,880 units, or 61 percent of the RHNA target, must be affordable to households making 120 percent of the area media income (AMI) of less.”

So the supervisors probably shouldn’t stretch too far in patting themselves on the back for a loophole-ridden half-step toward meeting its affordable housing obligations, although we’re happy to see at least some progress in the right direction. 

Extra! Extra! Sunshine advocates beat the Anti-Sunshine Gang in City Hall

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 By Bruce B. Brugmann

And so the  Anti-Sunshine Gang in City Hall, which for two years has been conducting a nasty vendetta against the Sunshine Ordinance Task Force,  capitulated quietly at Tuesday’s Board of Supervisors meeting without a fight or even a whimper.

The capitulation came in a two line phrase  buried in item 28 in the middle of the board’s agenda.  It was a report from the rules committee recommending  the Board of Supervisors approve a motion for  unnamed nominees to the Sunshine Ordinance Task Force. “Question:  Shall this Motion be approved.”

Board Chair David Chiu asked for approval in his usual board meeting monotone. And the approval came unanimously, with no dissent and no roll call vote and not a word spoken by anybody.  He banged the gavel and that was that. And only a few veteran board watchers knew that this was the astonishing  end to a crucial battle that pitted the powerfuf Anti-Sunshine Gangs against the sunshine forces and the citizens of San Francisco. It was a battle that would decide whether the task force would remain an independent people’s court that would hear and rule on public access complaints.  Sunshine won.

It was ironic and fitting that Chiu presided over the capitulation. For it was Chiu as board president who orchestrated  the deal to demolish Park Merced and then orchestrated the  infamous 6-5 board vote  in September 2010 approving  a monstrous redevelopment  project that would evict lots of tenants, and destroy most of the affordable housing. This was a big deal because the housing crisis was heating up and Park Merced was the largest affordable community in the city and one of the largest In the nation. This is where tens of thousands of young people, young married couples, students and faculty at nearby San Francisco State, older people, and middle class people had come for generations with their families to live in affordable housing in an  “urban park,” as Park Merced promo once put it.

And it was Chiu as board president who was charged by the Sunshine Task Force, along with Supervisors Scott Wiener, Malia Cohen, and Eric Mar with violating the Sunshine Ordinance and the state’s open meeting law (Brown Act) when they approved the project with blazing speed.. 

Wiener, Cohen, and Mar were on the board’s Land Use and Economic Development Committee when they voted on the contract. Literally minutes before the committee vote, Chiu introduced 14 pages of amendments to the contract. The deputy city attorney at the meeting blessed the amendments by saying, gosh, golly, gee, no problem, the amendments do  not substantially alter the contract and therefore the description of the item on the agenda was still apt and the committee could act on it. Bombs away! The full board approved the contract the same day by one vote.

This sleight of hand and pellmell approval process meant that Park Merced was going,going, gone and in its place would be a project that “has no hindsight, no insight, or foresight,” as Planning Commissioner Kathryn Moore was quoted as saying in a scathing Westside Observer column by landscape architect Glenn Rogers. “It is not a project of the 21st century.  It is the agenda of a self-serving developer.”

 The Observer, to its immense credit, was the only media in town to blast away at the project. (Read its coverage and weep, starting with a June piece by Pastor Lynn Gavin who wrote that the Park Merced owners did not disclose to her or her family that they “were going to demolish the garden apartment that was our home.”)  Gavin and her neighbors took the formal complaint to the Sunshine Ordinance Task Force and got a unanimous 8-0  ruling condemning Chiu, Wiener, Cohen, and Mar for open government violations.

It was a historic ruling by the task force and demonstrated once again in 96 point tempo bold the irreplaceable value of the people’s court.  The ruling also had impact because it amounted to a stinging  expose of how government often works in San Francisco with big money and big development and how one vote can add gallons of high octane petrol to the housing crisis. It angered the hell out of the six supervisors who voted for the project.

 And in effect, it gave rise to what I call the Anti-Sunshine Gang in City Hall whose response to the ruling was, not to apologize and change their illegal ways, but to start a vicious vendetta against the task force for doing the right thing at the right time.  The six votes were David Chiu, Scott Wiener, Malia Cohen, Mark Farrell, Sean Elsbernd, and Carmen Chu. Elsbernd has gone on to Sen. Diane Feinstein’s office in San Francisco and Chu to becoming assessor. But the gang picked up other allies along the way, notably the city attorney’s office.

Two years ago, when the task force members came to the board for reappointment, the Anti-Sunshine Gang retaliated and swung into action by “launching a smear campaign aimed at purging the eight task force members who had unanimously voted to find the violations,” according to Richard Knee, a 12 year veteran of the task force, in a June column in the Observer.  Knee, who represents the local chapter of the Society of Professonal Journalists, also wrote that “the mayor and the Board of Supervisors…made sure that the panel gets minimal funding, staffing and resources, and the board has refused to fill two long standing vacancies, making It difficult at times to muster a quorum since task force members are volunteers with outside responsibilities such as family and work.

“Two year ago, the board’s failure to appoint a physically disabled member forced the task force to take a five month hiatus, exacerbating a backlog of complaints filed by members of the public.This year, Knee wrote,  the start of the appointment process was “farcical and ominous.”  He explained that, at the May 15 meeting of the board’s rules committee, which vets applicants for city bodies, the two supervisors present chair Norman Yee and Katy Tang (David Campos had an excused absence) “complained that there weren’t enough racial/ethnic diversity among the 13 candidates. “That didn’t deter them from recommending the reappointments of Todd David, Louise Fischer, and David Pilpel, all Anglos.”

Before the full board five days later, Yee complained again, “this time that lack of a regular schedule and frequent switching of meeting dates were making attendance difficult for task force members. Either Yee had no clue of the facts or he was lying.” Knee explained that the task force normally meets the first Wednesday of each month and its subcommittees usually meet during the third week of the month.

“Meeting postponements and cancellations are the result, not the cause, of difficulties in mustering a quorum, due to the vacancies—which now number three.

“In gushing over David, Fischer, and Pilpel, at the board’s May 20 meeting, Wiener offered no evidence or detail of their alleged accomplishments and ignored the fact that David has missed six task force meetings since March 2013, including those of last February and April. Until the board fills the other seats, the five remaining incumbents—Chris Hyland, Bruce Oka, David Sims, Allyson Washburn, and yours truly—stay on as ‘holdover’ members.”

Meanwhile, by the next session of the Rules Committee on June 5, the sunshine advocates had rallied and put together an impressive mass of sunshine power. Testifying at the hearing were representatives from SPJ and the journalism community, the League of Women Voters, the ACLU, the sunshine posse, the Library Users Association, the Bay Area News Group, the Inter-American Press Asociation, the Center for Investigative Reporting, the UC-Berkeley Graduate School of Journalism, the First Amendment Coalition, the  Electronic Frontier Foundation, the Observer and neighborhood activists, and other sunshine allies and FOI groupies. It was quite a show of force. 

SPJ placed a pointed, timely op ed in the Chronicle (“SF Supervisors block Sunshine Ordinance Task Force,” good of the Chron/Hearst to run it but better if the paper didn’t black out local sunshine issues.) Members of the posse peppered the gang with public record requests aimed at tracking skullduggery and they found it. Reps from the groups lobbied the supervisors by email, phone, and personal office visits. And the word that the Anti-Sunshine Gang was back and on the gallop shot through the neighborhoods and around town and into election campaigns and among constituents of the gang.

SPJ and its vigorous Freedom of Information Committee under co-chairs Journalist Thomas Peele, of Chauncey Bailey fame, and Attorney Geoff King  were particularly effective. Peele is an investigative reporter with the Bay Area Newspaper Group, a lecturer on public records at the UC-Berkeley Graduate School of Journalism, and author of a respected book on Chauncey Bailey, a black journalist murdered on his way to work.

The word got around that the supervisors were blocking strong pro-sunshine candidates for the task force and that their first three nominees were the weakest of the lot. Campos, a stellar sunshine advocate, was back at the committee meeting, making the right calls and shepherding the strong nominees along through the committee and the Board of Supervisors.  Great job.

The cumulative weight and force  of the presentations of the nominees and the sunshine advocates made the proper political point:  any supervisor who voted with the Anti-Sunshine Gang was going to face their constituents and voters with the brand of being anti-sunshine and anti- government accountability.  More: they would have to answer some embarrassing questions: Who lost Park Merced? Who voted to turbo charge evictions and middle class flight from the city for years to come? Who tried to cover up the outrage and who did it? And who led the retaliatory vendetta against the Sunshine Ordinance Task Force for doing the right thing on behalf of sunshine in San Francisco?

And so the Board of Supervisors was dragged kicking and screaming into the sunshine of June 2014 and beyond. The supervisors ended up nominating what looks to be one of the strongest pro-sunshine task forces: Attorney  Mark Rumold and journalist Ali Winston from SPJ, Allyson Washburn from the League of Women Voters, Attorney Lee Hepner, Journalist Josh Wolf, and holdover Chris Hyland. Plus Bruce Oka who looks to be a late holdover in the disabled seat. Congratulations for hanging in and winning, hurray for the power of sunshine, on guard,  B3

P.S. l: PG&E institutionalizes City Hall secrecy and corruption:  The pernicious influence of the Anti-Sunshine gang hung heavy over the rules committee.  Tang tried to force every candidate to take a pledge of allegiance to the city attorney. Tang is the kind of neighborhood supervisor (Sunset) who has a 100 per cent Chamber of Commerce voting record. Her city attorney pledge demand was laughable on its face, given the fact that the city attorney refuses to move on the PG&E/Raker Act scandal and thus has helped institutionalize secrecy and corruption in City Hall on a multi-million dollar scale for decades. Which is reason enough for the city to always maintain a strong, enduring Sunshine Ordinance Task Force, to help keep tabs on how PG&E keeps City Hall safe for PG&E and its allies. (See Guardian stories and editorials since 1969.)  

Tang and Yee continued the gang’s hammering on Bruce Wolfe, a worthy candidate for the disabled seat whose main sin was that he was one of the Honorable Eight who voted condemnation.  The gang knocked out Wolfe as a holdover candidate the first time around and they were at it again at the committee meeting. Oka says he wants to resign from the task force but only when the board finds a good replacement. Wolfe, who was an effective and knowledgeable sunshine task force member, is the obvious replacement but he is still on the purge list.  Stay tuned on this one. . 

There are three things that no one can do to the entire satisfaction of anyone else: make love, poke the fire, and run a newspaper. William Allen White, 1917, line atop the editorial page of the Durango Herald, Durango, Colorado. 

Water bottle industry lauds law helping public water systems

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The International Water Bottle Association (IBWA) sent out a press release this week [Tues/10] “applauding” a new federal law aimed at improving public drinking water. Although some might consider this unusual, the bottled water industry sources almost half of its water from municipal supplies.

“We don’t oppose tap water,” IBWA spokesperson Chris Hogan told us. “From an industry standpoint, we, in general, want people to drink water, whether it’s bottled or tap.” 

In recent years, however, both consumers and anti-disposable water bottle activists have chided the industry as wateful and unnecessary bottling and shipping what is basically tap water. “It is really just ‘public water sources’ that they take and sell back to the public,” Tomás Bosque, a member of anti-water bottle advocacy group Ban the Bottle, told us. 

According to the IBWA, 49 percent of bottled water is drawn from public sources. But Hogan said that public water goes through a numerous treatments — reverse osmosis, distillation, micro-filtration, carbon filtration, ozonation, and/or ultraviolet (UV) light — before it’s bottled and sold. “FDA standards for the bottled water are so strict it’s irrelevant where it’s sourced,” Hogan said.

But Bosque is skeptical of the IBWA’s praise of the newly signed federal legislation, which is called the Water Resources Reform and Development Act.  “We would imagine that this act will help streamline the bottled water manufacturer’s ‘purifying’ process thereby providing them with more revenue opportunities,” Bosque wrote in an email. 

The legislation, which was signed by President Barrack Obama on Tuesday [6/10], will increase federal funding to improve public water systems infrastructure.  “Overall, we are eager to see how this act will benefit the tap water infrastructure,” Bosque wrote. “We hope that providing some level of update to the more than 70,000 water systems will increase public awareness of this awesome, free resource and thereby help change behaviors.”

In San Francisco, however, a change in behaviors is inevitable. In March, the Board of Supervisors voted unanimously to ban the sale of non-reusable water bottles on city property. The ban will take effect in October of this year. Hogan said the IBWA is “not pleased” with the ban. “It’s a false argument to make municipal water stronger by banning bottled water,” he said. “They’re really two different things.”

Hogan explained that Sup. David Chiu, the author of the water bottle ban, should have banned other, more sugary packaged beverages — an industry Hogan cited as the bottled water industry’s main competitors — instead of water. Chiu didn’t immediately return our calls, but we’ll update this post if and when we hear back.   

Invisible no more

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We all want to be responsible for our environment. We sort our trash. We put the right things into the right containers, and feel good when we see them at the curb on trash pickup day.

Then the trash disappears. End of story.

But really, it’s not the end. Not only does the trash go somewhere, but people still have to sort through what we’ve thrown away. In a society full of people doing work that’s unacknowledged, and often out of sight, those who deal with our recycled trash are some of the most invisible of all.

Sorting trash is dangerous and dirty work. In 2012 two East Bay workers were killed in recycling facilities. With some notable exceptions, putting your hands into fast moving conveyor belts filled with cardboard and cans does not pay well — much less, for instance, than the jobs of the drivers who pick up the containers at the curb. And the sorting is done almost entirely by women of color; in the Bay Area, they are mostly immigrants from Mexico and Central America, as well as some African Americans.

This spring, one group of recycling workers, probably those with the worst conditions of all, finally had enough. Their effort to attain higher wages, particularly after many were fired for their immigration status, began to pull back recycling’s cloak of invisibility. Not only did they become visible activists in a growing movement of East Bay recycling workers, but their protests galvanized public action to stop the firings of undocumented workers.

 

ILLEGAL WAGES FOR “TEMPORARY” WORKERS

Alameda County Industries occupies two big, nondescript buildings at the end of a cul-de-sac in a San Leandro industrial park. Garbage trucks with recycled trash pull in every minute, dumping their fragrant loads gathered on routes in Livermore, Alameda, and San Leandro. These cities contract with ACI to process the trash. In the Bay Area, only one city, Berkeley, picks up its own garbage. All the rest sign contracts with private companies. Even Berkeley contracts recycling to an independent sorter.

At ACI, the company contracts out its own sorting work. A temp agency, Select Staffing, hires and employs the workers on the lines. As at most temp agencies, this means sorters have no health insurance, no vacations, and no holidays. It also means wages are very low, even for recycling. After a small raise two years ago, sorters began earning $8.30 per hour during the day shift, and $8.50 at night.

Last winter, workers discovered this was an illegal wage.

Because ACI has a contract with the city of San Leandro to process its recycling, it is covered by the city’s Living Wage Ordinance, passed in 2007. Under that law, as of July 2013: “Covered businesses are required to pay no less than $14.17 per hour or $12.67 with health benefits valued at least $1.50 per hour, subject to annual CPI [consumer price index] adjustment.”

There is no union for recycling workers at ACI, but last fall some of the women on the lines got a leaflet advertising a health and safety training workshop for recycling workers, put on by Local 6 of the International Longshore and Warehouse Union. There, they met the union’s organizing director, Agustin Ramirez. “Sorting trash is not a clean or easy job anywhere,” he recalls, “but what they described was shocking. And when they told me what they were paid, I knew something was very wrong.”

Ramirez put them in touch with a lawyer. In January, the lawyer sent ACI and Select a letter stating workers’ intention to file suit to reclaim the unpaid wages. ACI has about 70 sorters. At 2,000 work hours per year each, and a potential discrepancy of almost $6 per hour, that adds up to a lot of money in back wages.

The response by ACI and Select was quick. In early February, 18 workers — including all but one who’d signed onto the initial suit — were called into the Select office. They were told the company had been audited by the Immigration and Customs Enforcement agency of the Department of Homeland Security a year before, and that ICE had questioned their immigration status. Unless they could provide a good Social Security number and valid work authorization within a few days, they’d be terminated.

Instead of quietly disappearing, though, about half the sorters walked off the lines on Feb. 27, protesting the impending firings and asking for more time from the company and ICE. Faith leaders and members of Alameda County United for Immigrant Rights joined them in front of the ACI office. Workers came from other recycling facilities. Jack in the Box workers, some of whom were fired after last fall’s fast-food strikes, marched down the cul-de-sac carrying their banner of the East Bay Organizing Committee. Even San Leandro City Councilman Jim Prola showed up.

“The company told us they’d fire anyone who walked out,” said sorter Ignacia Garcia. But after a confrontation at the gate, with trucks full of recycled trash backed up for a block, Select and ACI managers agreed the strikers could return to work the following day. The next week, however, all 18 accused of being undocumented were fired. “Some of us have been there 14 years, so why now?” wondered Garcia.

In the weeks that followed, East Bay churches, which earlier called ICE to try to stop the firings, collected more than $6,500 to pay rent for nine families. According to Rev. Deborah Lee, director of the Interfaith Coalition for Immigrant Rights, “after they had a chance to meet the fired workers and hear their stories, their hearts went out to these hardworking workers and parents, who had no warning, and no safety net.” Money is still coming in, she says.

 

ONE OF MANY BATTLES

Because cities give contracts for recycling services, they indirectly control how much money is available for workers’ wages. But a lot depends on the contractor. San Francisco workers have the gold standard. Recology, whose garbage contract is written into the city charter, has a labor contract with the Teamsters Union. Under it, workers on its recycle lines are guaranteed to earn $21 an hour.

Across the bay, wages are much lower.

ACI is one battle among many taking place among recycling workers concerning low wages. In 1998, Ramirez and the ILWU began organizing sorters. That year 70 workers struck California Waste Solutions, which received a contract for half of Oakland’s recycling in 1992. As at ACI, workers were motivated by a living wage ordinance. At the time, Oakland mandated $8 an hour plus $2.40 for health insurance. Workers were only paid $6, and the city had failed to monitor the company for seven years, until the strike.

Finally, the walkout was settled for increases that eventually brought CWS into compliance. During the conflict, however, it became public (through the Bay Guardian in particular) that Councilman Larry Reid had a financial interest in the business, and that CWS owner David Duong was contributing thousands of dollars in city election races.

Waste Management, Inc., holds the Oakland city garbage contract. While garbage haulers have been Teamster members for decades, when Waste Management took over Oakland’s recycling contract in 1991 it signed an agreement with ILWU Local 6. Here too workers faced immigration raids. In 1998, sorters at Waste Management’s San Leandro facility staged a wildcat work stoppage over safety issues, occupying the company’s lunchroom. Three weeks later immigration agents showed up, audited company records, and eventually deported eight of them. And last year another three workers were fired from Waste Management, accused of not having legal immigration status.

Today Waste Management sorters are paid $12.50 under the ILWU contract — more than ACI, but a long way from the hourly wage Recology pays in San Francisco. Furthermore, the union contracts with both CWS and Waste Management expired almost two years ago. The union hasn’t signed new ones, because workers are tired of the second-class wage standard.

To increase wages, union recycling workers in the East Bay organized a coalition to establish a new standard — not just for wages, but safety and working conditions — called the Campaign for Sustainable Recycling. Two dozen organizations belong to it in addition to the union, including the Sierra Club, the Global Alliance for Incinerator Alternatives, Movement Generation, the Justice and Ecology Project, the East Bay Alliance for a Sustainable Economy, and the Faith Alliance for a Moral Economy.

ILWU researcher Amy Willis points out, “San Francisco, with a $21 wage, charges garbage rates to customers of $34 a month. East Bay recyclers pay half that wage, but East Bay ratepayers still pay $28-30 for garbage, recycling included. So where’s the money going? Not to the workers, clearly.”

Fremont became the test for the campaign’s strategy of forcing cities to mandate wage increases. Last December the Fremont City Council passed a 32-cent rate increase with the condition that its recycler, BLT, agree to provide raises. The union contract there now mandates $14.59 per hour for sorters in 2014, finally reaching $20.94 in 2019. Oakland has followed, requiring wage increases for sorters as part of the new recycling contract that’s currently up for bid.

Good news for those still working. But even for people currently on the job, and certainly for the 18 workers fired at ACI, raising wages only addresses part of the problem. Even more important is the ability to keep working and earn that paycheck.

 

CRIMINALIZING IMMIGRANT WORKERS

When ACI and Select told workers they’d be fired if they couldn’t produce good Social Security numbers and proof of legal immigration status, they were only “obeying the law.” Since 1986, U.S. immigration law has prohibited employers from hiring undocumented workers. Yet according to the Pew Hispanic Trust, 11-12 million people without papers live in the U.S. — and not only do the vast majority of them work, they have to work as a matter of survival. Without papers people can’t collect unemployment benefits, family assistance or almost any other public benefit.

To enforce the law, all job applicants must fill out an I-9 form, provide a Social Security number and show the employer two pieces of ID. Since 1986 immigration authorities have audited the I-9 forms in company personnel records to find workers with bad Social Security numbers or other ID problems. Immigration and Customs Enforcement (ICE) then sends the employer a letter, demanding that it fire those workers.

According to ICE, last year the agency audited over 2,000 employers, and similar numbers in previous years. One of the biggest mass firings took place in San Francisco in 2010, when 475 janitors cleaning office buildings for ABM Industries lost their jobs. Olga Miranda, president of Service Employees Local 87, the city’s janitors union, charges: “You cannot kill a family quicker than by taking away their right to find employment. The I-9 audits, the workplace raids, E-Verify, make workers fear to speak out against injustices, that because of their immigration status they have no standing in this country. They have criminalized immigrants. They have dehumanized them.”

One fired janitor, Teresa Mina, said at the time, “This law is very unjust. We’re doing jobs that are heavy and dirty, to help our children have a better life, or just to eat. Now my children won’t have what they need.”

Similar I-9 audits have taken place in the past two years at the Pacific Steel foundry in Berkeley, at Silicon Valley cafeterias run by Bon Appetit, at South Bay building contractor Albanese Construction, and at the Dobake bakery, where workers prepare food for many Bay Area schools. All are union employers.

Sometimes the audits take place where workers have no union, but are protesting wages and conditions. Like the ACI workers, in 2006 employees at the Woodfin Suites hotel in Emeryville asked their employer to raise their wages to comply with the city’s living wage ordinance. Twenty-one housekeepers were then fired for not having papers. Emeryville finally collected over $100,000 in back pay on their behalf, but the workers were never able to return to their jobs.

Last fall, as fast-food workers around the country were demanding $15 an hour, several were fired at an Oakland Jack in the Box for being undocumented. “They knew that when they hired us,” said Diana Rivera. “I don’t believe working is a crime. What we’re doing is something normal — we’re not hurting anyone.” The Mi Pueblo Mexican market chain also fired many workers in an immigration audit, during a union organizing drive.

Because the audits are not public, no exact total of the number of workers fired is available. ICE spokesperson Virginia Kice would not comment on the audit at ACI. In response to an information request, she stated: “To avoid negatively impacting the reputation of law-abiding businesses, we do not release information or confirm an audit unless the investigation results in a fine or the filing of criminal charges.” Neither ACI nor Select Staffing responded to requests for comment.

San Francisco became a leader in opposing the firings in January, when the Board of Supervisors passed unanimously a resolution calling on the Obama administration to implement a moratorium on the audits and on deportations. Other cities, like Los Angeles, have also opposed deportations, but San Francisco added: “End the firings of undocumented workers by ending the I-9 audits and the use of the E-Verify system.”

Gordon Mar, of Jobs with Justice, urged the board to act at a rally in front of City Hall. “When hundreds of workers are fired from their jobs,” he declared, “the damage is felt far beyond the workers themselves. Many communities have voiced their opposition to these ‘silent raids’ because they hurt everyone. Making it a crime to work drives people into poverty, and drives down workplace standards for all people.” Like many Bay Area progressive immigrant rights activists, Mar calls for repealing the section of immigration law that prohibits the undocumented from working.

The Board of Supervisors urged President Obama to change the way immigration law is enforced, in part because Congress has failed to pass immigration reform that would protect immigrants’ rights. The Senate did pass a bill a year ago, but although it might eventually bring legal status to some of the undocumented, other provisions would increase firings and deportations.

Like the Board of Supervisors, therefore, the California Legislature has also passed measures that took effect Jan. 1, to ameliorate the consequences of workplace immigration enforcement: AB 263, AB 524, and SB 666. Retaliation is now illegal against workers who complain they are owed unpaid wages, or who testify about an employer’s violation of a statute or regulation. Employers can have their business licenses suspended if they threaten to report the immigration status of workers who exercise their rights. Lawyers who do so can be disbarred. And threats to report immigration status can be considered extortion.

It’s too early to know how effective these new measures will be in protecting workers like the 18 who were fired at ACI. While a memorandum of understanding between ICE and the Department of Labor bars audits or other enforcement actions in retaliation for enforcing wage and hour laws, ICE routinely denies it engages in such retaliation.

Yet, as difficult as their situation is, the fired recyclers don’t seem to regret having filed the suit and standing up for their rights. Meanwhile, the actions by the cities of Oakland and Fremont hold out the promise of a better standard of living for those still laboring on the lines.

 

New minimum wage proposal less ambitious, has broader support

San Francisco bears the unfortunate distinction of having the fastest-growing income inequality nationwide. At the same time, the city may retain its more progressive status as having the highest nationwide minimum wage — if voters approve a November ballot measure unveiled today by Mayor Ed Lee and 10 members of the Board of Supervisors.

The consensus measure would increase the minimum wage for all San Francisco employees to $15 an hour by 2018. Currently, the city’s lowest-paid workers earn $10.74 per hour under the existing minimum wage ordinance.

The proposed increase, announced at a June 10 press conference held in Mayor Lee’s office, calls for minimum wage workers to earn $12.25 per hour by May Day of next year, followed by paycheck increases amounting to $13 an hour in 2016, $14 an hour in 2017, and $15 an hour in 2018.

Crafted by representatives from labor, business, and the nonprofit sector in conjunction with Mayor Lee and Sup. Jane Kim, this November ballot measure proposal is less ambitious than an earlier minimum wage increase floated by the Campaign for a Fair Economy, although both guarantee workers an eventual $15 an hour.

The earlier proposal, backed by a coalition that included city employee union SEIU Local 1021, the Progressive Worker’s Alliance, San Francisco Rising, and other progressive organizations, sought to increase the minimum wage to $13 an hour by 2015, $14 by 2016, and $15 by 2017.

So at the end of the day, the newly unveiled consensus proposal would leave minimum wage earners with $0.75 less per hour in 2015 and $1 less in 2017 than what the Campaign for a Fair Economy originally called for, but the broader support for this measure might mean brighter prospects for lowest-paid workers in the long run. The consensus proposal also eliminates the idea of an enforcement committee tasked with holding employers to the mandatory wage increases, yet continues to allocate resources for this purpose.

Shaw San Liu of the Campaign for a Fair Economy, who was part of the negotiations for the consensus measure, noted that this piece was especially important: “It is meaningless to raise the minimum wage if they’re not going to enforce it,” she said. The Office of Labor Standards and Enforcement, tasked with upholding the minimum wage, is currently experiencing a backlog due to case volume.

Shaw San Liu speaks about the importance of the proposed wage increase.

Moderates’ strong opposition to the more ambitious wage increase posed the threat of having two competing measures going to voters in November. Now that a single unified measure is headed to the ballot, there may be less of a risk that workers will end up with an inadequate increase or none at all.

The across-the-board increase to $15 an hour makes this a stronger proposal than a similar wage increase moving forward in Seattle, although that city has a lower cost of living than San Francisco, so the wage will stretch a lot farther. San Francisco has a notoriously high cost of living; former Mayor Willie Brown once famously quipped that anyone earning less than $50,000 simply shouldn’t try to live in the city, and rents were much lower then. Under this proposal, minimum wage workers can hope to earn $31,200 before taxes by 2018, with wages continuing up from there in correlation with Consumer Price Index adjustments.

The San Francisco Chamber of Commerce was adamantly opposed to the earlier ballot measure proposal, but is now on board. “We think that with consensus built up around this measure, which residents will be voting on, we’ve reached that compromise,” Wade Rose, co-chair of the Public Policy Committee of the SFCOC, said at the press event.

However, the SFCOC played a minimum role in the negotiations, with the key players being labor leader Mike Casey, Liu of the Progressive Workers Alliance, Sup. Kim and her staff, and Mayor Lee and his staff, with input from a variety of minimum wage earners, employers, and other stakeholders.

Kim called the measure “the most progressive and strongest minimum wage proposal in the country,” and later clarified that unlike a similar proposal in Seattle, this measure guarantees a $15 wage across the board regardless of business size or additional benefits. “There will be no tip credit or health care credit – this will be pure wages that San Francisco workers will be bringing home to their families,” Kim said. “Despite setting a successful precedent in 2003, which set the highest minimum wage in the country then, in the last years in particular we’ve been seeing a widening income gap between our lowest paid workers and our highest paid workers. In times of economic prosperity, no one should be left behind.”

“We’ve heard input from all of the different affected sectors of our community – earners, and people who pay the minimum wage, we’ve heard from nonprofits as well as small businesses and large businesses,” Mayor Lee said at a June 10 press conference. “And today, with the current minimum wage at $10.74, there’s been an across the board agreement that that just doesn’t cut it; that’s not enough.”

Lee emphasized that with the unveiling of the consensus proposal, “there are no two measures. There is one measure,” destined for the November ballot. He added that in the course of negotiations between opposing sides, “there was reality that needed to be checked in on all sides.”

Campos wins veto-proof support for closing the city healthcare coverage loophole UPDATED

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Sup. David Campos appears to have finally succeeded in his years-long quest to prevent San Francisco employers from pocketing money the city requires them to use for employee health care costs after winning over two key supervisors to secure a veto-proof majority at today’s [Tues/10] Board of Supervisors meeting.

His reform legislation on today’s agenda will be amended by Campos, he told us, to win the support of Sups. Mark Farrell and London Breed. The changes phase out the loophole over three years, making 60 percent of the money in employee health savings accounts off limits to employers next year, 80 percent the following year, and not letting employers reclaim any of these funds by 2017.

“Even if we don’t get to 100 percent right away, once you get past 50 percent it’s a done deal, so I feel good about it,” Campos told us, explaining that even the phased-in legislation will immediately discourage employers from using health savings accounts and to instead put that money toward private insurance or city-run programs such as Healthy San Francisco.

The veto-proof majority is key given that Mayor Ed Lee vetoed similar legislation in 2011, later signing a watered down compromise measure by Board of Supervisors President David Chiu that required employers to maintain the funds for two years before taking them back.

Campos said that reform clearly didn’t work, with that total funding left over in the health savings accounts rising from about $60 million two years ago to about $90 million now. That outcome was predicted by Campos at the time, noting that employers had a disincentive to encourage employees to tap the funds.

“It didn’t work. The numbers showed the money still wasn’t being spent, which is what we said would happen,” Campos told us.

Exacerbating the problem was the fact that the federal Affordable Care Act (aka Obamacare) placed new restrictions on how health savings accounts may be used, fro example banning their use on insurance premiums. Health savings accounts are widely considered far inferior to private insurance at providing quality healthcare, but federal law (ERISA) precluded the city from banning their use by employers to satisfy the city’s health coverage requirement.

Supervisors who haven’t yet committed to supporting Campos’ legislation are Chiu, Scott Wiener, and Katy Tang, but Campos predicted they may sign on now that the measure has a veto-proof majority: “We’re hopeful that with a veto-proof majority, it may be a unanimous vote at the board.”  

UPDATE 6/10: The board unanimously passed the measure on first reading, prompting a sustained standing ovation from the workers and labor advocates who filled the board chambers for the hearing. 

Transportation funding faces key test after Mayor Lee flips on VLF increase UPDATED

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Facing a deadline of tomorrow’s [Tues/10] San Francisco Board of Supervisors meeting to introduce measures for the November ballot, advocates for addressing the city’s massive long-term transportation funding gap still hope to introduce an increase in the local vehicle license fee, even though the once-supportive Mayor Ed Lee has gotten cold feet.

While Lee and all 11 of the supervisors support a $500 million general obligation bond that would mostly go toward capital improvements for Muni — a measure almost certain to be approved by its July 22 deadline — the local VLF was originally presented by Lee as a companion measure to fund Muni, street resurfacing, and bike and pedestrian safety improvements.

But when Lee got spooked by a poll in December showing 44 percent voter approval for increasing the VLF and the need to actually do some campaigning for the measure, he withdrew his support and left cycling, streets, and safety all severely underfunded. A report last year by the Mayor’s Transportation Task Force pegged the city’s transportation infrastructure needs at $10.1 billion over 15 years, recommending just $3 billion in new funding to meet that need, including the embattled VLF measure.

“It’s important for us to move forward with the local VLF,” Sup. Scott Wiener, who has taken the lead on ensuring local term transportation funding, told the Guardian. “If this is not the right election, then we have to say which election we will move this forward.”

But so far, Wiener hasn’t gotten a commitment from the Mayor’s Office, with which he says he’s still in active talks. The Mayor’s Office also hasn’t returned Guardian calls on the issue. If Wiener doesn’t get an assurance that the VLF will go before voters, then he says that he’ll push another fall ballot measure that he introduced May 20, which would increase the city General Fund contribution to Muni as the population increases, retroactive to 10 years ago (thus creating an initial increase of more than $20 million annually).

“It would be in lieu of the VLF, not in addition to it,” Wiener said the rival measure, noting that he prefers the local VLF, a stable and equitable funding source that wouldn’t cut into other city priorities. [UPDATE 6/10: Wiener said he received a commitment from Lee to place the VLF increase on the 2016 ballot, so he is dropping his measure to increase Muni funding as the population increases].

Sen. Mark Leno spent about 10 years winning approval for the authorizing state legislation that authorizes San Franciscans to increase the VLF, enduring two governors’ vetoes along the way before getting Gov. Jerry Brown to sign it into law last year.

Wiener notes that the measure would increase the VLF in San Francisco to 2 percent, restoring it its longtime level before Arnold Schwarzenegger used a VLF reduction as a campaign issue to get elected governor, slashing it to 0.65 percent in 2003.

“That action by Gov. Schwarzenegger has deprived California of about $8 billion per year,” Wiener told us. “This is not some newly minted fee, it restores the VLF to what it was going back to the ‘50s.”

San Francisco Bicycle Coalition Director Leah Shahum said she was disappointed that Lee didn’t follow through on his commitment to fund bike and pedestrian safety improvements through the local VLF, but she said there is wide support on the board for the measure.

“Tomorrow is the big day, but we’re hearing real strong support for the measure,” Shahum told us. “I feel strongly there will be eight supervisors committed to introducing the measure.”

That two-thirds vote threshold is part of the legislation that enabled San Francisco to increase its VLF, but Shahum said she believes there is that level of support on the board for doing the VLF increase this year, which the SFBC would actively campaign for.

“The whole idea was these things would go as a package,” Shahum told us. “This is a huge deal for us. Give the voters a chance to vote for safe and smooth streets.”   

Lee’s abandonment of the VLF comes in the wake of his SFMTA appointees’ repeal of Sunday parking meters, which Lee said was driven by a desire to win over car-driving voters for his transportation measures. Last month on Bike to Work Day, Lee and other city officials also touted the measures as important for bike project, although Shahum said the general obligation bond does little for cyclists, except for an allocation for renovating Market Street. 

“There is not a desigination for bike safety and infrastructure, that was goign to be all in the VLF measure,” Shahum said. 

Wiener cited the long road that Leno traveled to give San Franciscans that opportunity as a reason to move forward with increasing the VLF, a progressive tax that charges more for luxury cars than old beaters used by the working class, but Leno was a bit more circumspect about the situation.

“If it taught me anything, it’s patience,” Leno told us about the long road to let San Francisco authorize a higher VLF. “As with anything in the world, timing is everything.”

Leno said support from labor, the business community, and all of City Hall’s top leaders are all necessary to win voter support for increasing the VLF, so it’s crucial that everyone is enthusiastically on board. “I think we may only have one shot, so when we go to the ballot, we need to have our coalition intact.”

Without commenting on the wisdom of delaying the vote this year, Leno said that if that happens, it’s crucial to get everyone to commit to passing it in 2016, a position Wiener also supports.

“There are times when we need to have a long view,” Leno told us. “But one way or the other, we have to get serious about identifying dedicated revenue to invest in Muni or we will all pay a serious price.”

 

To participate in a public forum on this and related matters, please join us this Thursday evening for “Bikes, Buses, & Budgets: How to create the transportation system San Franciscans needs.” This Bay Guardian community forum, from 6-8pm at the LGBT Center (1800 Market), will feature Wiener; SFBC community organizer Chema Hernandez Gil; Jason Henderson, an urban geography professor at SFSU who writes the Guardian’s monthly Street Fight column; and others, moderated by yours truly. It’ll be fun, informative, and one lucky attendee will leave with a A2B electric bike as part of a free raffle at this free event.    

Citizen Agnos comes on strong for Proposition B in support of his Athenian oath

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By Bruce B. Brugmann  (with the complete  text of Art Agnos speech  to the  May 21 dinner of San Francisco Tomorrow)

When Art Agnos was sworn in as mayor in 1988, he used the Athenian Oath that was taken by young men reaching the age of majority in Athens 2000 years ago.  He shortened the oath (as many did) to say: “I promise…upon my honor…to leave my city better than I found it.”

For Agnos, a Greek steeped in Greek traditions, the oath was a serious matter. “At the heart of our vision,” Agnos said in his inaugural address, “ is a refusal to let San Francisco become an expensive enclave  that locks out the middle class, working families and the poor. At the center of our strategy is a belief in the basic right of people to decent jobs and housing.”  

Twenty-six years later, Citizen Agnos was working hard  in private life to leave his city better than he had found it. He led a citizens’ movement that stopped the monstrous 8 Washington project, knocked the Warriors off the piers, forced the Giants to lower their  highrise expectations,  and promoted Proposition  B that would stop  the Wall on the Waterfront and require a public vote on any increases  to current height limits on port property.

 And Agnos is having the time of his life doing all this, as he made clear in his remarks to San Francisco Tomorrow, the one organization in town that has been manning the barricades in every major Manhattanization battle all these years  on the waterfront and everywhere else.  He enjoys taking on Mayor Lee and “the high tech billionaire political network that wants to control city hall and fulfill their vision of who can live here and where.” And he must relish  the Chronicle’s C.W.Nevius and the paper’s editors and their self-immolating bouts of hysteria.  

Agnos gave a splendid speech and confirms that he really is our best ex-mayor. I particularly liked his point about the “power to decide” on development. “Today that power to decide is in a room In City Hall. I know that room. I have been in that room. 

“You know who is in there? It is the lobbyists,..the land use lawyers…the construction union representatives..the department directors..and other politicians. You know who is not in that room. You.Prop B changes that dynamic and puts you in the room that matters. No more ‘advisory committees’ that get  indulged and brushed off. No more ‘community outreach’ that is ignored. It will all matter.”

Yes, yes, yes, a thousand times yes, on B and stopping the Manhattanization of the waterfront. b3

Agnos remarks to San Francisco Tomorrow 

I am delighted to speak to the members and friends of SFT about the waterfront tonight…and a special shout out to Jane Morrison as one of the pioneer professional  women in the media… and one of the  finest Social Service Commissioners in our City’s history. I also welcome the opportunity to join you in honoring tonight’s unsung heroes…Becky Evans with whom I have worked closely over the past year and half …Tim Redmond  the conscience of the progressive community for the past 35 years…Sarah Short and Tommi Avicolli Mecca from the Housing Rights Committee who stand up every day for poor and working people who need a voice in our city.

Twenty-four years ago in 1990, I made one of the best decisions of my mayoralty when I listened to the progressive environmental voice of San Francisco and ordered the demolition of the Embarcadero Freeway. That freeway was not only a hideous blight but also a wall that separated the city from its waterfront. Hard to believe today…but it was a very controversial decision back then… just 3 years before…in 1987 the voters had defeated a proposal by Mayor Feinstein to demolish it. The Loma Prieta Earthquake gave us a chance to reconsider that idea in 1990. Despite opposition of 22,000 signatures on a petition to retrofit the damaged freeway… combined with intense lobbying from the downtown business community led by the Chamber of Commerce, North Beach, Fisherman’s Wharf and especially Chinatown…we convinced the Board of Supervisors to adopt our plan to demolish the freeway… by one vote.

And the rest is history…until today. 

After a period of superb improvements that include a restored Ferry Building…the Ball park… new public piers where one can walk further out into the bay than ever before in the history of this city… the 
Exploratorium…the soon to be opened Jim Herman Cruise Ship terminal…Brannan Wharf Park…there is a new threat. Private development plans that threaten to change the environment of what Herb Caen first called “our newest precious place” …not with an ugly concrete freeway wall…but with steel and glass hi-rises that are twice as tall.

Today…the availability of huge amounts of developer financing …combined with unprecedented influence in city hall and the oversight bodies of this city…the Waterfront has become the new gold coast of San Francisco. Politically connected developers seek to exploit magnificent public space with hi-rise, high profit developments that shut out the ordinary San Franciscan from our newest precious place. We love this city because it is a place where all of us have a claim to the best of it…no matter what our income…no matter that we are renter or homeowner…no matter what part of the city we come from.

And connected to that is the belief that waterfront public land is for all of us…not just those with the biggest bank account or most political influence. 

That was driven home in a recent call I had from a San Franciscan who complained about the high cost of housing for home ownership or rent…the high cost of Muni…museum admissions…even Golden Gate Bridge tours and on and on. When he finished with his list, I reminded him I was mayor 23 years ago and that there had been 4 mayors since me,  so why was he complaining to me?
“Because you are the only one I can reach!” he said.

Over the past few weeks…that message has stuck with me.  And I finally realized why. This is what many people in our city have been seeking… someone who will listen and understand. Someone who will listen…understands… and acts to protect our newest precious place…our restored waterfront. You see…it was not just about luxury high-rise condos at 8 Washington last year…It was not just a monstrous 
basketball arena on pier 30-32 with luxury high-rise condos and a hotel across the street on public land. It’s about the whole waterfront that belongs to the people of San Francisco…all 7 and half miles of it… from the Hyde Street Piers to India Basin. And it must be protected from the land use mistakes that can become irrevocable. 

This is not new to our time…8 Washington and the Warriors arena were not the first horrendous proposals…they were only the latest. Huge… out of scale… enormously profitable projects… fueled by exuberant boosterism from the Chamber of Commerce… have always surfaced on our waterfront. 50 years ago…my mentor in politics…then Supervisor Leo McCarthy said, “We must prevent a wall of high rise apartments along the waterfront…and we must stop the filling in of the SF bay as a part of a program to retain the things that have made this city attractive.” That was 1964…

In 2014…Former Board of Supervisors President Aaron Peskin said it best this way…”It seems like every 10 years…every generation has to stand up to some huge development that promises untold riches
  as it seeks to exploit the waterfront and our public access to it.” Public awareness first started with the construction of the 18 stories of Fontana towers east and west in 1963. That motivated then Assemblyman Casper Weinberger to lead public opposition and demand the first height limits… as well as put a stop to 5 more Fontana style buildings on the next block at Ghirardelli Square. This was the same Casper Weinberger who went on to become Secretary of HEW and Secretary of Defense under President Ronald Reagan.

In 1970 the Port Commission proposed to rip out the then “rotting piers” of piers 1 – 7 just north of the Ferry Building. They were to be replaced with 40 acres of fill (3 X Union Square) upon which a 1200-room hotel and a 2400 car garage would be built. It passed easily through Planning and the Board of Supervisors. When the proposal was rejected on 22 to 1 vote by BCDC, Mayor Alioto complained, “We just embalmed the rotting piers.” No… we didn’t …we saved them for the right project…and if one goes there today… they see it…the largest surviving renovated piers complex with restaurants, walk in cafes, port offices, free public docking space, water taxis and complete public access front and back. 

In 2002… that entire project was placed on the U.S. National Historic Register. But my favorite outrageous proposal from that time was the plan to demolish another set of “rotting piers” from the Ferry Building south to the Bay Bridge. And in place of those rotting piers… the plans called for more landfill to create a Ford dealership car lot with 5000 cars as well as a new Shopping center. That too…was stopped.

So now it’s our turn to make sure that we stop these all too frequent threats to the access and viability of our waterfront.

In the past 2 weeks…we have seen momentum grow to support locating the George Lucas Museum on piers 30-32 or the sea wall across the Embarcadero.I love the idea…but where would we be with that one be if a small band of waterfront neighbors and the Sierra Club had not had the courage to stand up to the Warriors and City Hall 2 years ago. Once again they used the all too familiar refrain of “rotting piers” as an impending catastrophe at piers 30-32.

Proposition B will help prevent mistakes before they happen. Most of all… Prop B will ensure protection of the port on more permanent basis by requiring a public vote on any increases to current height limits on Port property.All of the current planning approval processes will stay in place…Port Commission…Planning commission…Board of Permit Appeals…Board of Supervisors…will continue to do what they have always done. But if a waiver of current height limits along the waterfront is granted by any of those political bodies…it must be affirmed by a vote of the people. Prop B does not say Yes or No…it says Choice. It is that simple. The people of SF will make the final choice on height limit increases on port property. 

The idea of putting voters in charge of final approval is not new. In the past the people of San Francisco have voted for initiatives to approve a Children’s budget…a Library budget…retaining neighborhood fire stations… minimum police staffing… as well as require public authorization for new runway bay fill at our airport. And at the port itself… there have been approximately 18 ballot measures to make land use and policy decisions.

So…we are not talking about ballot box planning…we are talking about ballot box approval for waivers of existing height limits on public property. Opponents like Building Trades Council, Board of Realtors, 
and Chamber of Commerce are raising alarms that we will lose environment protections like CEQA by creating loopholes for developers. 
Astonishing! 

Prop B is sponsored by the Sierra Club…Tonight we honor Becky Evans of the Sierra Club who sponsored Proposition B. That same set of opponents are joined by city bureaucrats issuing “doomsday” reports stating that we will lose thousands of units of middle class housing… billions of dollars in port revenues…elimination of parks and open space on the waterfront. Astonishing!

These are the same bureaucrats who issued glowing reports a couple of years ago that the America’s Cup would mean billions in revenue for the port and the city. And they wanted to give Oracle’s Larry Ellison 66-year leases to develop on 5 of our port piers for that benefit! Now…how did THAT work out? So far…city hall will admit to $11 million dollars in known losses for the taxpayers.

Another opponent… SPUR says any kind of housing will make a difference and there are thousands in the pipe line… so don’t worry.
Astonishing!

We have not seen one stick of low income or affordable housing proposed on the waterfront since the 80s and 90s when Mayor Feinstein and I used waterfront land for that very purpose. Hundreds of low-income housing dwellings like Delancey Street and Steamboat Point Apartments…affordable and middle class housing like South Beach Marina apartments and Bayside village comprise an oasis of diversity and affordable housing in the midst of ultra expensive condos. For me…that was part of an inaugural promise made in January 1988…I said, “At the heart of our vision is a refusal to let San Francisco become an expensive enclave that locks out the middle class, working families and the poor. At the center of our strategy is a belief in the basic right of people to decent jobs and housing. 

Yes…that was the commitment on public land on the waterfront by 2 mayors of a recent era… but not today. Indeed…San Francisco has been rated the #1 least affordable city in America…including NY Manhattan. That is one of the many reasons we see middle class  people…as well as working poor…being forced to leave San Francisco for Oakland and elsewhere in the bay area. That reality was reinforced in the February 10, 2014 issue of Time Magazine…Mayor Lee said, “I don’t think we paid any attention to the middle class. I think everybody assumed the middle class was moving out.”

Today…An individual or family earning up to $120,000 per year …150 per cent of the median in this city… do not qualify for a mortgage and can’t afford the rent in one of the thousands of new housing units opening in the city. The Chronicle reported a couple of weeks ago that a working family of  3 who have lived in a rent-controlled studio apartment in the Mission is offered $50 K to leave. That is what the purely developer driven housing market offers. And that philosophy is reinforced by a planning commission whose chair was quoted in December 2013 issue of SF Magazine saying, “Mansions are as just as important as housing.”

Prop B changes that dynamic by putting the Citizen in the room with the “pay to play” power brokers. That is what it is all about my friends. Power.

Former SF city planning director and UC School of City Planning Professor…Alan Jacobs recently related what he called the Jacobs Truism of land economics: “Where political discretion is involved in land use decisions…the side that wins is the side with the most power. And that side is the side with the most money.” Prop B will ensure that if developers are going to spend a lot of money to get a height waiver on port property …the best place to spend it will be to involve, inform, and engage the citizen as to the merit of their request…not on the politicians.

Today that power to decide is in a room in City Hall. I know that room…I have been in that room. You know who is there? It is the lobbyists…the land use lawyers…the construction union representatives…the departmental directors… and other politicians. You know who is not in the room? YOU. The hope is that someone in that room remembers you. But if you really want your voice to be heard…you have to go to some departmental hearing or the Board of Supervisors…wait for 3 or 4 hours for your turn… and then get 2 minutes to make your case. Prop B changes that dynamic and puts you in the room that matters. No more “advisory committees” that get indulged and brushed off. No more “community outreach” that is ignored. 

It will all matter. That is why today there is no opposition from any waterfront developer…They get it. We are going to win. It is easy to see how the prospect of Prop B on the ballot this June has changed the dynamics of high-rise development along the waterfront. The Warriors have left and purchased a better location on private land in Mission Bay. The Giants have publicly announced that they will revise their plans with an eye to more appropriate height limits on port land. Forest City is moving with a ballot proposal to use Pier 70 to build new buildings of 9 stories…the same height as one of current historic buildings they will preserve on that site for artists.

The Pier 70 project will include 30 percent low-income…affordable and middle class housing on site… along with low-tech industries, office space and a water front promenade that stretches along the entire shoreline boundary. A good project that offers what the city needs will win an increase in height limits because it works for everybody. A bad one will not. My friends…I have completed my elected public service career. There will be no more elections for me.

And as I review my 40 years in public life…I am convinced of one fundamental truth. The power of the people should… and must… determine what kind of a city this will be. It must not be left to a high tech billionaire political network that wants to control city hall to fulfill their vision of who can live here and where. It starts with you… the people of this city’s neighborhoods… empowered to participate in the decisions that affect our future. You are the ones who must be vigilant and keep faith with values that make this city great. This city is stronger when we open our arms to all who want to be a part of it…to live and work in it…to be who they want to be…with whomever they want to be it with. Our dreams for this city are more powerful when they can be shared by all of us in our time…

We are the ones …here and now… who can create the climate to advance the San Francisco dream to the next generation. And the next opportunity to do that will be election day 
June 3. Thank you.

B3 note: The full Athenian oath: “We will never bring disgrace on this our City by an act of dishonesty or cowardice. We will fight for the ideals and Sacred Things of the City both alone and with many. We will revere and obey the City’s laws and will do our best to incite a like reverence and respect in those above us who are prone to annul them or set them at naught. We will strive unceasingly to quicken the public’s sense of civic duty. Thus, in all ways, we will transmit this City not only, not less, but greater and more beautiful than it was transmitted back to us.”  The National League of Cities publishes the oath and says it “was recited by the citizens of Athens, Greece, over 2,000 years ago. It is frequently referenced by civic leaders in modern times as a timeless code of civic responsibility.” 

(The Bruce blog is written and edited by Bruce B. Brugmann, editor at large of the San Francisco Bay Guardian. He is the former editor and co-founder and co-publisher of the Guardian with his wife Jean Dibble, 1966-2012. He can be reached at Bruoe@sfbg.com) 

 

 

 

The anti-sunshine gang intensifies its attacks on the Sunshine Ordinance Task Force in City Hall

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By Bruce B. Brugmann   (with special sunshine vendetta chronology by Richard Knee) 

The Guardian story in the current issue demonstrates in 96 point tempo bold how important the glare of sunshine and publicity is in City Hall in keeping the public’s business public. Yet, the anti-sunshine gang in City Hall is intensifying  its savage attack on the Sunshine Ordinance Task Force.

The Sunshine Ordinance established the Sunshine Task Force to serve as the people’s court for hearing citizen complaints on public access, thus giving  citizens a way to get secret records, open secret meetings, and hold government officials accountable. It empowers citizens to be watchdogs on issues they care about.  It is the first and best ordinance of its kind in the country, if not in the world, and its effectiveness is shown by the fact that the anti-sunshine gang regularly tries  to bounce strong members and gut the task force.

Terry Francke, then the executive director of the California First Amendment Coalition and author of the ordinance, and I as a founder anticipated this problem in trhe early 1990s and put a mandate  into the original ordinance for the task force to have representatives from the local chapter of the Society of Professional Journalists (a journalist and media attorney) and the San Francisco League of Women Voters, two organizations with experience and tradition with open government issues. Later, the mandate included a representative from New America Media, to insure a member of color for the task force.

 I served for 10 years on the task force and then Mayor Willie Brown made the point about City Hall interference by targeting me for extinction.  He tried several times  to kick me off the task force.  I refused to budge, on the principle that neither the mayor nor any other city official should be able to arbitrarily kick off a member of the task force for doing his/her job. When Willie left office, I left the task force when my term was up  and the principle was intact.

Today, as Richard Knee writes in his timeline and chronology below, the principle is once again under city hall attack. Knee replaced me as the journalist representative  of SPJ and has served under fire  for a record 12 years. He writes that the latest attack is retaliation for a unanimous finding by the task force in September 2011 when Board President David Chiu and Supervisors Scott Wiener, Malia Cohen, and Eric Mar violated  local and state open meeting laws by ramming through the monstrous Park Merced redevelopment contract with 14 pages of amendments that Chiu slipped in “literally minutes” before the committee vote.

This was a historic task force vote in the public interest, and a historic vote for open government and for all the good causes. But instead it prompted a smear- dilute-and- ouster campaign by the Board of Supervisors, with timely assists from the city attorney’s office.  The ugly play by play follows. The good news is  that the sunshine forces inside and outside city hall are fighting back, hard and fast, and with a keen eye on all upcoming elections.   Stay tuned. On guard. :

 Special  chronology and timeline detailing the anti-sunshine gang attack on  the Sunshine Ordinance Task Force. By Richard Knee)

1. In April 2011, the Task Force voted to change its bylaws to declare that approval of substantive motions required “yes” votes from a simple majority of members present rather than a simple majority of all members, as long as a quorum was present. The quorum threshold remained at six. The bylaws change went against the advice of the city attorney’s office, which pointed to city Charter Sec. 4.104. Suzanne Cauthen and I cast dissenting votes on the bylaw change. David Snyder was absent from that meeting but made it clear that, reluctantly, he could find no reason to disagree with the city attorney’s opinion.

2. In September 2011, the Task Force voted, 8-0, to find that Board of Supervisors President David Chiu and Supervisors Eric Mar, Scott Wiener and Malia Cohen had violated the Sunshine Ordinance and the state’s open-meeting law (Brown Act). Mar, Wiener and Cohen served on the board’s Land Use and Economic Development Committee, which voted to recommend approval of a Parkmerced redevelopment contract. Literally minutes before the committee voted, Chiu introduced 14 pages of amendments to the contract. The deputy city attorney at the meeting opined that the amendments did not substantially alter the contract and therefore the description of the item on the meeting agenda was still apt and the committee could act on it. The full board approved the contract the same day.

Wiener tried to intimidate the Task Force from hearing the case. His legislative aide Gillian Gillette (now the mayor’s director of transportation policy) told us we had no business telling the board how to vote and that in taking up the matter, we would be overstepping our authority. Her tone of voice, facial expression and body language were clearly confrontational. We pushed back. Bruce Wolfe told her it was inappropriate to prejudge the Task Force’s vote before the hearing had begun. I told her that we were not interested in the LUED Committee’s or the board’s substantive vote on the contract, but we were concerned about the procedural aspect. A complaint alleging sunshine violations had been brought before us and we were duty-bound to hear it. I pointedly suggested she review the ordinance, especially Sec. 67.30, which defines the Task Force’s, duties, powers and composition. She skulked back to her seat, seething.

Chiu’s legislative aide Judson True told us that Chiu’s office had made a mad scramble to get the amendments printed and properly distributed to allow enough time for review by the supervisors and members of the public before the committee’s vote. He and Gillette, citing the city attorney’s opinion, reiterated that the committee and the board had followed proper procedure.

We were incredulous toward their claims that (a) 14 pages of amendments did not substantially alter the contract and (b) there was sufficient time to review the amendments before the committee’s vote. We consensed that there was no reason the committee could not have delayed its vote in order to allow adequate review time.

3. Wiener surreptitiously asked the Budget and Legislative Analyst in late 2011 to survey every city department on how much sunshine compliance was costing it. When we learned about it, Task Force Chair Hope Johnson sent a strongly worded letter objecting to the attempt at secrecy and to the form that the survey took; we felt many of the questions were vague or vacuous.

4. In May 2012, the Rules Committee (Jane Kim, Mark Farrell, David Campos) interviewed Task Force applicants. Committee members pointedly asked incumbents Suzanne Manneh (New America Media’s nominee), Allyson Washburn (League of Women Voters’ nominee), Hanley Chan, Jay Costa and Bruce Wolfe if it wouldn’t have been wise to follow the city attorney’s advice in order to avoid violating the Charter. They responded that while they deeply appreciated having a deputy city attorney at Task Force meetings and certainly gave due weight to the DCA’s counsel, such advice did not have the force of law, they had a right to disagree with it and they believed the bylaw change they had enacted in April 2011 did not violate the Charter.

The Rules Committee voted unanimously to recommend the appointments of newcomers Kitt Grant, David Sims, Chris Hyland and Louise Fischer, and returnee David Pilpel. Campos and Kim voted to recommend Wolfe’s reappointment; Farrell dissented.

Then, citing concerns about lack of “diversity,” Farrell and Kim said the Society of Professional Journalists, NAM and the LWV should have submitted multiple nominations for each of their designated seats. They pointed to language in ordinance Sec. 67.30(a) stipulating that the respective members “shall be appointed from … names” – and they emphasized the plural, “names” – “submitted by” the organizations. And the committee voted unanimously to continue those four appointments to the call of the chair.

It is important to note that this was the first time ever that the committee had made a multiple-nominations demand. Previously, the committee and the board had invariably accepted the single nominations from the three organizations.

The “diversity” argument was a smokescreen. They had already voted to bounce Chan, who is Chinese-American, and Manneh is a Palestinian-American fluent in Arabic and Spanish.

The truth was, they didn’t like the nominees. SPJ had nominated attorney Ben Rosenfeld and Westside Observer editor Doug Comstock. Both as a Task Force member and as a political consultant, Comstock had been a thorn in lots of local politicians’ and bureaucrats’ sides. And Manneh and Washburn had participated in the Task Force’s unanimous finding of violation against Chiu, Wiener, Mar and Cohen.

Upshot: By continuing those appointments, the committee and the board ensured that Manneh, Washburn and I would remain as “holdovers” and the SPJ-nominated attorney’s seat would stay vacant (Snyder had formally resigned). Manneh, citing an increased professional and academic workload, stepped aside a few months later, meaning two of the 11 seats were vacant, and it now took only four absences instead of five to kill a quorum.

5. At the subsequent meeting of the full board, after Campos moved to reappoint Wolfe, Wiener moved to replace his name with that of Todd David. In making his motion, Wiener delivered a scorching, mendacious attack on what was then the current Task Force. Details of the tirade are available on request. The board voted, 6-5, in favor of Wiener’s motion (ayes: Wiener, Chiu, Farrell, Cohen, Carmen Chu and Sean Elsbernd; noes: Campos, Kim, Mar, John Avalos and Christina Olague). The board then voted unanimously to appoint Grant, Sims, Hyland, Fischer, Pilpel and David.

6. Ordinance Sec. 67.30(a) stipulates that the Task Force shall at all times have at least one member with a physical disability. Wolfe was the only applicant in 2012 to meet that criterion. So when the board ousted him, the Task Force no longer had a physically disabled member. The city attorney advised the new Task Force that to take any actions before a new physically disabled member was appointed could land land the Task Force and its individual members in serious legal trouble. So the Task Force was sidelined for five months, finally resuming business in November 2012 following the appointment of Bruce Oka — who, by the way, is solidly pro-sunshine.

            7. After interviewing 12 of the 13 task force applicants on May 15, 2014, Rules Committee members Norman Yee and Katy Tang complained about a lack of racial/ethnic diversity among the candidates, but that didn’t stop them from voting to recommend the reappointments of members David, Fischer and Pilpel, all Anglos (Campos was absent). Nor were they deterred by the fact that David has missed six task force meetings since March 2013, including those of last January, February and April. They continued consideration of additional appointments to a future meeting, possibly June 5.

At the board meeting on May 20, Wiener repeated his slander of the 2012-14 task force and heaped praise on David, Fischer and Pilpel without offering a shred of corroborating evidence. The board voted to confirm their reappointments, again ignoring David’s porous attendance record.

8. To be seen: whether Rules and/or the board will continue insisting on multiple nominations, and whether it will move forward on other possible appointments. Including Grant’s resignation and the possibility of holdovers, there is a risk that as few as eight of the 11 seats will be filled, meaning three absences would kill a quorum. Sims is moving to Los Angeles but remaining as a holdover for the moment. If he resigns, that could pull the number of fill seats down to seven, meaning two absences would kill a quorum.

The foregoing commentary is strictly personal and not intended to reflect the views of any other individual or organization.

Respectfully submitted,

Richard Knee

Member (since July 2002) and past chairman of the Sunshine Ordinance Task Force

Member of the Society of Professional Journalists, Northern California Chapter, Freedom of Information Committee

San Francisco-based freelance journalist

(The Bruce blog is written and edited by Bruce B. Brugmann, editor at large of the San Francisco Bay Guardian. He is the former editor and co-founder and co-publisher of the Guardian with his wife Jean Dibble, 1966-2012). In San Francisco, the citizens are generally safe, except when the mayor is in his office and the board of supervisors is in session. You can quote me.  B3

Progressives challenge mayor’s abuse of authority

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EDITORIAL Mayor Ed Lee has repeatedly overstepped his authority on behalf of the entrenched political and economic interests who put him into office, and we’re happy to see Sup. John Avalos and his progressive allies on the Board of Supervisors starting to push back and restore a more honest and equitable balance of power at City Hall.

There was no excuse for Lee and his political appointees on the San Francisco Public Utilities Commission to sabotage a decade of work creating the CleanPowerSF program, the only mechanism the city has for creating the renewable energy projects we need to meet our climate change goals.

This was a program created by a veto-proof majority on the Board of Supervisors, the body that the City Charter gives the authority to create such programs on behalf of the people who elect them, then the SFPUC used a vote that should have been a procedural formality to block it (see “Power struggle,” 9/17/13).

Lee refused to work with the supervisors to address his stated concerns — most of which have already been addressed by now anyway, from the program’s cost to the involvement of Shell Energy North America, which is now out — draining the CleanPowerSF funding and providing more evidence that this ruse was really all about protecting PG&E from competition.

So Avalos and other progressives of the Budget & Finance Committee last week rejected the SFPUC budget, forcing Lee and allies to now bargain in good faith. That’s the kind of realpolitik in service of progressive values that we’ve been missing at City Hall in recent years, the willingness to get tough with the grinning mayor who disingenuously talks about civility while his operatives stab their opponents in the back.

Avalos is also sponsoring a fall ballot measure that would let voters fill vacancies on the Board of Supervisors, rather than letting the mayor, who heads the executive branch, stack the legislative branch of government in his favor. We should have done that a decade ago after Gavin Newsom executed his infamous “triple play” to gain another ally on the board, and it’s especially relevant now that two supervisors are running against either other for the Assembly.

Avalos isn’t stressing the balance of powers argument for his Let’s Elect our Elected Officials Act of 2014, which would call a special election to fill vacancies in all the locally elected positions if the next election was more than year away (both the Board of Education and City College Board of Trustees would appoint interim members). It even gives up the supervisors’ power to appoint a new mayor (with the board president serving the interim, as is now the law). San Francisco isn’t a dictatorship, as much as that might please Lee’s business community allies. The people and our district-elected supervisors need to have a stronger voice in how this city is being run, so we at the Bay Guardian are happy to see a few new green shoots of democracy springing up at City Hall.

Fool me once…

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rebecca@sfbg.com

As any job seeker knows, it’s tough to compete for a desirable gig if you can’t point to a solid track record. You might think this would be especially true for city contractors who stand to make a killing on lucrative construction projects.

Take, for instance, a $283.2 million San Francisco Public Utilities Commission contract awarded to perform an absolutely essential service: making seismic and hydraulic retrofits to water-treatment units.

With close to $300 million in taxpayer dollars on the line, not to mention the general importance of having a properly functioning water treatment system in the event of an earthquake, you might think the city would kick some tires and make a few inquiries about the company’s track record before signing a deal.

But according to the results of an audit issued May 20 by the Office of the Controller, local agencies do not “consider past performance in the construction contract award process.”

Which is to say, there is no mechanism preventing city agencies from awarding high-paying construction gigs — over and over again — to bidders who have done a terrible job in the past.

For the water-treatment fixes, the SFPUC wound up selecting what the controller’s audit charitably termed a “poor-performing” contractor. It didn’t go well: The company “delivered poor quality control, and applied poor project management,” according to the audit.

It issued 87 “change orders” — adding work beyond what was outlined in the original contract — consequently padding the bill by an additional $2.1 million. And this contractor was hit with 70 noncompliance notices, issued when a contractor isn’t following the obligations spelled out in the contract. Sending out those notices eats up city resources, auditors noted, while following up on them necessitates further inspections and site visits.

Although the audit didn’t name the contractor, the amount allocated and work described suggests that it was Keiwit Infrastructure West Co., hired to take on a water treatment plant retrofit project at the SFPUC’s Harry Tracy facility, which treats drinking water that originates at the Crystal Springs Reservoir System.

According to the project website, “Seismic retrofits and electrical upgrades will allow us to reliably provide up to 140 million gallons of water per day, for 60 days, within 24 hours of a major earthquake. Harry Tracy serves several communities on the Peninsula in addition to San Francisco.” The company didn’t return a call from the Guardian seeking comment.

Why was a problematic contractor entrusted with such a critical project? According to the audit, city law does in fact require a contractor to have “a record of prior timely performance,” and a history of dealing with the city “in good faith.”

But there’s no system for holding contractors to these standards. Since the city has no system in place for evaluating bids based on a contractors’ past performance, it’s anyone’s guess whether this contractor had a poor track record before being hired — and there is nothing to prevent the firm from being hired yet again despite the problems encountered by the SFPUC.

The city contracting process follows a scoring system to ensure that the contract award is impartial and equitable — but since it doesn’t factor in a contractor’s prior track record, that’s never formally considered.

And because the city doesn’t require contractor evaluations, or maintain any centralized database of records showing how well contractors have carried out their duties in the past, “poor-performing contractors — even contractors incapable of performing the work on which they bid — can secure additional city contracts,” auditors found.

This SFPUC contract was just one example. The report also highlighted a case study from the San Francisco International Airport, in which a construction crew botched a welding job performed as part of a $15 million contract to build a pedestrian bridge and mezzanine to an airport terminal. The report outlines what went wrong, citing “inadequate installation and missed steps in the welding procedures; bolt holes were misaligned and measured incorrectly.” As a result, SFO issued 59 noncompliance notices.

A contractor hired by the Department of Public Works, for a $5.2 million neighborhood branch library project, was reportedly “aggressive and argumentative … focused on preparing a claim instead of the project,” and “left the job midway through the project,” the audit notes. After that went south, the city spent $85,000–$100,000 on litigation, finally completing the job with the city’s own workforce.

The coming decade promises to be golden for city contractors who work in the construction sector. San Francisco has budgeted more than $25 billion for ambitious projects under its capital improvement plan, so many lucrative construction opportunities will arise.

The Controller’s City Services auditor has kept a watchful eye on construction over the past couple years, Director of City Audits Tonia Lediju told the Guardian. That led to the discovery that the city lacks a process for tracking contractors’ past performance when making hiring decisions.

“Given what we learned from our previous audits, not to mention … our reliance on contractors to accomplish our city’s capital plan, the Controller’s Office decided to conduct this audit to more formally assess the adequacy of the departments’ contractor evaluation processes,” Lediju explained.

As part of the audit, the Controller’s Office surveyed construction management staff at various city agencies, finding that a full 70 percent of them reported encountering poor-performing contractors “at least occasionally.”

To address the gaping problems in the construction contracting system, the Office of the Controller recommended that city agencies work with the Mayor’s Office, the Board of Supervisors, and the City Attorney’s Office to strengthen the law by requiring contractor performance evaluations to be completed — and to consider those evaluations when awarding contracts. With $25 billion in spending over the next 10 years, this might be a wise move.

Agnos offers waterfront development history lesson during SFT speech

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[Editor’s Note: This is the text of a speech that former Mayor Art Agnos gave at San Francisco Tomorrow’s annual dinner on May 21. We reprint it here in its entirely so readers can hear directly what Agnos has been saying on the campaign trail in support of Prop. B]

I am delighted to speak to the members and friends of SFT about the waterfront tonight…and a special shout out to Jane Morrison as one of the pioneer professional women in the media and one of the finest Social Service Commissioners in our City’s history.

I also welcome the opportunity to join you in honoring tonight’s unsung heroes: Becky Evans, with whom I have worked closely over the past year and half; Tim Redmond, the conscience of the progressive community for the past 35 years; and Sara Shortt and Tommi Avicolli Mecca from the Housing Rights Committee, who stand up every day for poor and working people who need a voice in our city.

Twenty-four years ago, in 1990, I made one of the best decisions of my mayoralty when I listened to the progressive environmental voice of San Francisco and ordered the demolition of the Embarcadero Freeway. That freeway was not only a hideous blight but also a wall that separated the city from its waterfront.

Hard to believe today, but it was a very controversial decision back then. Just three years before, in 1987, the voters had defeated a proposal by Mayor Feinstein to demolish it. The Loma Prieta Earthquake gave us a chance to reconsider that idea in 1990.

Despite opposition of 22,000 signatures on a petition to retrofit the damaged freeway, combined with intense lobbying from the downtown business community led by the Chamber of Commerce, North Beach, Fisherman’s Wharf, and especially Chinatown, we convinced the Board of Supervisors to adopt our plan to demolish the freeway, by one vote.

And the rest is history — until today.

After a period of superb improvements — that include a restored Ferry Building, the ball park, two new public piers where one can walk further out into the bay than ever before in the history of this city, the Exploratorium, the soon to be opened Jim Herman Cruise Ship Terminal, Brannan Wharf Park — there is a new threat.

Private development plans that threaten to change the environment of what Herb Caen first called “our newest precious place,” not with an ugly concrete freeway wall, but with steel and glass high-rises that are twice as tall. Today, the availability of huge amounts of developer financing, combined with unprecedented influence in City Hall and the oversight bodies of this city, the waterfront has become the new gold coast of San Francisco.

Politically connected developers seek to exploit magnificent public space with high-rise, high profit developments that shut out the ordinary San Franciscan from our newest precious place. We love this city because it is a place where all of us have a claim to the best of it, no matter what our income, no matter that we are renter or homeowner, no matter what part of the city we come from.

And connected to that is the belief that waterfront public land is for all of us, not just those with the biggest bank account or most political influence. That was driven home in a recent call I had from a San Franciscan who complained about the high cost of housing for home ownership or rent, the high cost of Muni, museum admissions, even Golden Gate Bridge tours, and on and on.

When he finished with his list, I reminded him I was mayor 23 years ago and that there had been four mayors since me, so why was he complaining to me? “Because you are the only one I can reach!” he said.

Over the past few weeks, that message has stuck with me. And I finally realized why. This is what many people in our city have been seeking, someone who will listen and understand. Someone who will listen, understands, and acts to protect our newest precious place, our restored waterfront.

You see, it was not just about luxury high-rise condos at 8 Washington last year. It was not just a monstrous basketball arena on Pier 30-32 with luxury high-rise condos and a hotel across the street on public land. It’s about the whole waterfront that belongs to the people of San Francisco, all seven and a half miles of it, from the Hyde Street Piers to India Basin. And it must be protected from the land use mistakes that can become irrevocable.

This is not new to our time: 8 Washington and the Warriors arena were not the first horrendous proposals, they were only the latest. Huge, out of scale, enormously profitable projects, fueled by exuberant boosterism from the Chamber of Commerce, have always surfaced on our waterfront.

Fifty years ago, my mentor in politics, then-Supervisor Leo McCarthy said, “We must prevent a wall of high rise apartment along the waterfront, and we must stop the filling in of the SF bay as a part of a program to retain the things that have made this city attractive.”

That was 1964. In 2014, former Board of Supervisors President Aaron Peskin said it best this way: “It seems like every 10 years, every generation has to stand up to some huge development that promises untold riches as it seeks to exploit the waterfront and our public access to it.”

Public awareness first started with the construction of the 18 stories of Fontana towers east and west in 1963. That motivated then-Assemblyman Casper Weinberger to lead public opposition and demand the first height limits, as well as put a stop to five more Fontana-style buildings on the next block at Ghirardelli Square. This was the same Casper Weinberger who went on to become Secretary of HEW [formerly the Department of Health, Education, and Welfare] and Secretary of Defense under President Ronald Reagan.

In 1970, the Port Commission proposed to rip out the then “rotting piers” of Piers 1 – 7 just north of the Ferry Building. They were to be replaced with 40 acres of fill (three times the size of Union Square) upon which a 1200-room hotel and a 2400 car garage would be built.

It passed easily through Planning and the Board of Supervisors. When the proposal was rejected on 22 to 1 vote by BCDC [the San Francisco Bay Conservation and Development Commission], Mayor Alioto complained, “We just embalmed the rotting piers.”

No, we didn’t, we saved them for the right project. And if one goes there today, they see it, the largest surviving renovated piers complex with restaurants, walk-in cafes, Port offices, free public docking space, water taxis, and complete public access front and back. In 2002, that entire project was placed on the U.S. National Historic Register.

But my favorite outrageous proposal from that time was plan to demolish another set of “rotting piers” from the Ferry Building south to the Bay Bridge. And in place of those rotting piers, the plans called for more landfill to create a Ford dealership car lot with ,5000 cars as well as a new shopping center. That too was stopped.

So now it’s our turn to make sure that we stop these all too frequent threats to the access and viability of our waterfront. In the past two weeks, we have seen momentum grow to support locating the George Lucas Museum on Piers 30-32 or the sea wall across the Embarcadero.

I love the idea, but where would we be with that one if a small band of waterfront neighbors and the Sierra Club had not had the courage to stand up to the Warriors and City Hall two years ago. Once again, they used the all too familiar refrain of “rotting piers” as an impending catastrophe at Piers 30-32.

Proposition B will help prevent mistakes before they happen. Most of all, Prop. B will ensure protection of the Port on a more permanent basis by requiring a public vote on any increases to current height limits on Port property. All of the current planning approval processes will stay in place — Port Commission, Planning Commission, Board of Permit Appeals, Board of Supervisors, all will continue to do what they have always done.

But if a waiver of current height limits along the waterfront is granted by any of those political bodies, it must be affirmed by a vote of the people. Prop B does not say Yes or No, it says Choice. It is that simple. The people of SF will make the final choice on height limit increases on Port property.

The idea of putting voters in charge of final approval is not new. In the past, the people of San Francisco have voted for initiatives to approve a Children’s budget, a Library budget, retaining neighborhood fire stations, minimum police staffing, as well as to require public authorization for new runway bay fill at our airport. And at the Port itself, there have been approximately 18 ballot measures to make land use and policy decisions.

So we are not talking about ballot box planning, we are talking about ballot box approval for waivers of existing height limits on public property. Opponents like Building Trades Council, Board of Realtors, and Chamber of Commerce are raising alarms that we will lose environment protections like CEQA by creating loopholes for developers. Astonishing!

Prop B is sponsored by the Sierra Club. Tonight we honor Becky Evans of the Sierra Club who sponsored Proposition B. That same set of opponents are joined by city bureaucrats issuing “doomsday” reports stating that we will lose thousands of units of middle class housing, billions of dollars in Port revenues, elimination of parks and open space on the waterfront. Astonishing!

These are the same bureaucrats who issued glowing reports a couple of years ago that the America’s Cup would mean billions in revenue for the Port and the city. And they wanted to give Oracle’s Larry Ellison 66-year leases to develop on five of our Port piers for that benefit! Now, how did THAT work out? So far, City Hall will admit to $11 million in known losses for the taxpayers. Another opponent, SPUR [San Francisco Planning and Urban Research Association], says any kind of housing will make a difference and there are thousands in the pipeline, so don’t worry. Astonishing!

We have not seen one stick of low income or affordable housing proposed on the waterfront since the ‘80s and ‘90s when Mayor Feinstein and I used waterfront land for that very purpose. Hundreds of low-income housing dwellings like Delancey Street and Steamboat Point Apartments, affordable and middle class housing like South Beach Marina apartments and Bayside village, comprise an oasis of diversity and affordable housing in the midst of ultra expensive condos.

For me, that was part of an inaugural promise made in January 1988. I said, “At the heart of our vision is a refusal to let San Francisco become an expensive enclave that locks out the middle class, working families, and the poor. At the center of our strategy is a belief in the basic right of people to decent jobs and housing.”

Yes, that was the commitment on public land on the waterfront by two mayors of a recent era, but not today. Indeed, San Francisco has been rated the #1 least affordable city in America, including NY Manhattan. That is one of the many reasons we see middle class people, as well as working poor, being forced to leave San Francisco for Oakland and elsewhere in the Bay Area.

That reality was reinforced in the February 10, 2014 issue of Time Magazine. Mayor Lee said, “I don’t think we paid any attention to the middle class. I think everybody assumed the middle class was moving out.”

Today, an individual or family earning up to $120,000 per year — 150 percent of the median in this city — does not qualify for mortgage and can’t afford the rent in one of the thousands of new housing units opening in the city. The Chronicle reported a couple of weeks ago that a working family of three who have lived in a rent-controlled studio apartment in the Mission was offered $50,000 to leave.

That is what the purely developer-driven housing market offers. And that philosophy is reinforced by a Planning Commission whose chair was quoted in December 2013 issue of SF Magazine saying, “Mansions are just as important as housing.”

Prop B changes that dynamic by putting the citizen in the room with the “pay to play” power brokers. That is what it is all about my friends: Power.

Former SF city planning director and UC School of City Planning Professor Alan Jacobs recently related what he called the Jacobs Truism of land economics: “Where political discretion is involved in land use decisions, the side that wins is the side with the most power. And that side is the side with the most money.”

Prop B will ensure that if developers are going to spend a lot of money to get a height waiver on Port property, the best place to spend it will be to involve, inform, and engage the citizen as to the merit of their request, not on the politicians. Today that power to decide is in a room in City Hall. I know that room. I have been in that room.

You know who is there? It is the lobbyists, the land use lawyers, the construction union representatives, the departmental directors, and other politicians. You know who is not in the room? You. The hope is that someone in that room remembers you.

But if you really want your voice to be heard, you have to go to some departmental hearing or the Board of Supervisors, wait for three or four hours for your turn, and then get two minutes to make your case. Prop B changes that dynamic and puts you in the room that matters. No more “advisory committees” that get indulged and brushed off. No more “community outreach” that is ignored.

It will all matter. That is why today there is no opposition from any waterfront developer. They get it. We are going to win. It is easy to see how the prospect of Prop B on the ballot this June has changed the dynamics of high-rise development along the waterfront.

The Warriors have left and purchased a better location on private land in Mission Bay. The Giants have publicly announced that they will revise their plans with an eye to more appropriate height limits on Port land. Forest City is moving with a ballot proposal to use Pier 70 to build new buildings of nine stories, the same height as one of current historic buildings they will preserve on that site for artists.

The Pier 70 project will include 30 percent low-income, affordable and middle class housing on site, along with low-tech industries, office space, and a waterfront promenade that stretches along the entire shoreline boundary. A good project that offers what the city needs will win an increase in height limits because it works for everybody. A bad one will not.

My friends, I have completed my elected public service career. There will be no more elections for me. And as I review my 40 years in public life, I am convinced of one fundamental truth: The power of the people should, and must, determine what kind of a city this will be.

It must not be left to a high-tech billionaire political network that wants to control City Hall to fulfill their vision of who can live here and where. It starts with you, the people of this city’s neighborhoods, empowered to participate in the decisions that affect our future. You are the ones who must be vigilant and keep faith with values that make this city great.

This city is stronger when we open our arms to all who want to be a part of it, to live and work in it, to be who they want to be, with whomever they want to be it with. Our dreams for this city are more powerful when they can be shared by all of us in our time.

WE are the ones, here and now, who can create the climate to advance the San Francisco dream to the next generation. And the next opportunity to do that will be election day June 3.

Thank you.

 

Bay Guardian Community Forum! Bikes, buses, and budgets: How to create the transportation system San Franciscans need

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Join the San Francisco Bay Guardian as we explore the current swirl of challenges and initiatives that will determine how people get around San Francisco. We’ll discuss transportation funding measures recently placed on the fall ballots this year and in 2016, big ideas such as tearing down I-280 and taking a Bay Bridge deck for bikes and buses, and the gap between political rhetoric and realities on the street along with a panel of key experts and activists. This is a free community event, and attendees will be entered into a raffle for an A2B electric bicycle, with a winner selected at the end of the event.

Panelists:

Supervisor Scott Wiener — Wiener represents San Francisco’s Supervisorial District 8 (Castro, Upper Market) and he has taken the lead role on the Board of Supervisors and Metropolitan Transportation Commission in advocating for dedicated funding sources for transportation project and challenging his colleagues to get serious about the challenges we face.

Professor Jason Henderson — As a geography professor at San Francisco State University, Henderson has focused his research and teaching on urban transportation issues. He’s also the author of Street Fight: The Politics of Mobility in San Francisco and he writes the Guardian’s popular and controversial monthly Street Fight column.

Chema Hernández Gil — Hernández Gil is a community organizer with the San Francisco Bicycle Coalition, San Francisco largest member-based grassroots advocacy organization, which has recently been highlighting funding shortfalls in creating the bicycling infrastructure needed to accommodate a growing number of cyclists. 

Susan King — King coordinates the popular Sunday Streets program, which creates temporary car-free spaces in San Francisco, the latest endeavor in a long history of transportation activism ranging from working for Livable City to helping found WalkSF to serving on the city’s Bicycle Advisory Committee to working on transit justice campaigns.

 

Moderators: Guardian Editor-in-Chief Steven T. Jones and News Editor Rebecca Bowe

 

Agenda:

6-7pm: Panel discussion — Prompted by questions from the moderators, panelists will share their insights into what kind of the transportation system San Francisco needs to address a growing population amid global warming and other environmental challenges, how to overcome the multi-billion-dollar funding shortfalls that have been identified, the political/ideological context of this debate, and other issues.

7-7:15pm: Break and networking — Stretch your legs, meet fellow concerned citizens, enjoy snacks provided by the Guardian, sign up for the A2B bike raffle, and prepare your remarks

7:15-8pm: Comments and questions: What do you think San Francisco needs from its transportation system and how do we get it? This is your chance to offer your ideas and/or ask questions of our panelists (note: Wiener has a prior engagement and will only be there for first hour, sorry). This is also a time for panelists to raise big, thought-provoking ideas and get audience feedback.

8pm-?: Haven’t had enough? Join the diehards over at Zeitgeist to continue the discussion over pitchers of beer and burgers. 

 


The strange, unique power of San Francisco mayors

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Mayor Ed Lee wields a strange and unique power in San Francisco politics, passed down from Mayor Gavin Newsom, and held by Mayor Willie Brown before him.

No, we’re not talking magic, though mayors have used this ability to almost magically influence the city’s political winds. 

When elected officials leave office in San Francisco and a seat is left vacant, the mayor has the legal power to appoint someone to that empty seat. A study by San Francisco’s Local Agency Formation Commission conducted March last year shows out of 117 jurisdictions in California, and ten major cities nationwide, only seven jurisdictions give their executives (governors, mayors) the ability to appoint an official to a vacant seat. The other jurisdictions hold special elections or allow legislative bodies to vote on a new appointment. 

The power of a San Francisco mayor then is nearly singularly unique, the report found, but especially when seen in the context of the nation’s major cities.

“Of the 10 cities surveyed here,” the study’s authors wrote, “no other city among the most populous grants total discretion for appointments.” 

The study is especially relevant now, as Sup. John Avalos introduced a charter amendment to change this unqiuely San Franciscan mayoral power, and put the power back in the hands of the electorate.

His amendment would require special elections when vacancies appear on public bodies like the community college board, the board of education, or other citywide elected offices. He nicknamed it the “Let’s Elect our Elected Officials Act,” and if approved by the Board of Supervisors it will go to this November’s ballot.

Avalos touched on the LAFCo study while introducing his amendment at the board’s meeting on Tuesday [5/20]. 

“One of the striking results is how unique San Francisco’s appointment process is,” Avalos said. “There’s no democratic process or time constraint when the mayor makes these appointments.”

He pointed to then-Assessor Recorder Phil Ting’s election to California Assembly in 2012. Camen Chu, his successor, was not appointed by the mayor until February 2013, he said, a longstanding vacancy.

So what’s the big deal? Well, voters notoriously tend to vote for the incumbents in any race, so any official with their name on the slot as “incumbent” come election time has a tremendous advantage. In fact, only one supervisor ever appointed by a mayor was ever voted down in a subsequenet district-wide (as opposed to city-wide) election. This dataset of appointed supervisors was culled from the Usual Suspects, a local political-wonk blog:

Supervisor

Appointed

Elected

 

Terry Francois

1964

1967

 

Robert Gonzalez

1969

1971

 

Gordon Lau

1977

1977

 

Jane Murphy

1977

Didn’t run

 

Louise Renne

1978

1980

 

Donald Horanzy

1978

Lost in 1980

Switched from District to

Citywide elections.

Harry Britt

1979

1980

 

Willie B. Kennedy

1981

1984

 

Jim Gonzalez

1986

1988

 

Tom Hsieh

1986

1988

 

Annemarie Conroy

1992

Lost in 1994

 

Susan Leal

1993

1994

 

Amos Brown

1996

1998

 

Leslie Katz

1996

1996

 

Michael Yaki

1996

1996

 

Gavin Newsom

1997

1998

 

Mark Leno

1998

1998

 

Alicia D. Becerril

1999

Lost in 2000

Switched from Citywide to

District elections.

Michela Alioto-Pier

2004

2004

 

Sean Elsbernd

2004

2004

 

Carmen Chu

2007

2008

 

Christina Olague

2012

Lost in 2012

Only loss by a district

appointed supervisor.

Katy Tang

2013

2013


So mayoral appointments effectively sway subsequent elections, giving that mayor two prongs of power: the power to appoint someone who may agree with their politics, and the power to appoint someone who will then owe them.

A San Francisco Chronicle article from 2004 describes the power derived from appointees former Mayor Willie Brown infamously enjoyed.

Once at City Hall, Brown moved quickly to consolidate power, and using the skills he honed during his 31 years in the state Assembly, gained control of the Board of Supervisors. Before the 2000 election, he appointed eight of the 11 members, filling vacancies that he helped orchestrate, as supervisor after supervisor quit to run for higher office or take other jobs.

The board majority was steadfastly loyal, pushing through Brown’s policies and budget priorities with little debate. In a 1996 magazine article, he was quoted as likening the supervisors to “mistresses you have to service.”

Voters may soon choose what elected officials they want in offices. The mistresses of the mayor, or the mistresses of the people.

Graph of the LAFCo study produced by Guardian intern Francisco Alvarado. LAFCo looked at California jurisdictions as well as ten major cities nationwide.

Supes won’t let mayor raid CleanPowerSF without a fight

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The Board of Supervisors Budget and Finance Committee today voted to reject the San Francisco Public Utilities Commission budget, an effort by Sup. John Avalos and others to force Mayor Ed Lee to the bargaining table over the city’s neglected sustainable energy infrastructure needs.

“I wanted to get the mayor’s attention and to find a practical way to let the mayor know the Power Enterprise infrastructure needs help, as well as CleanPowerSF,” Avalos told the Guardian. CleanPowerSF would provide electricity derived from renewable sources to enrollees in the municipal program.

After CleanPowerSF was approved by a veto-proof majority on the Board of Supervisors last year, Lee’s appointees to the SFPUC blocked implementation of the program during what should have been a routine vote to set a maximum rate. Then Lee this year raided those funds and transferred them to his GoSolar program.

“Because he raided our funds, I worked with [fellow Budget Committee members Sups.] Eric Mar and London Breed to kill his budget,” Avalos told us, noting that he alerted Lee on Sunday of his intention to do so and never got a response. “It was remarkable that he thought he could just bring this to committee and thought everything was hunky-dory.”

Christine Falvey, the mayor’s spokesperson, said the mayor hadn’t had time yet to develop his next step but “the mayor is committed to funding GoSolar, a program that can start immediately, help us reach our agressive environmental goals and employ San Francisco residents.”

The tendrils of the mayor’s power could be felt even in the SFPUC’s Citizens’ Advisory Committee meeting last night. The committee makes recommendations to the PUC with no authority for mandate, but rather for long-term strategic, financial and capital improvement plans.

As the committee considered a vote to recommend the PUC move forward with CleanPowerSF, the tussle between the mayor and the supervisors reverberated through their frank discussions.

The problem is the mayor is violently against this program,” said Walt Farrell, a committee member from Supervisor Norman Yee’s District 7. He added, “How will you convince them?”

Director of Policy and Administration at Power Enterprise Kim Malcolm was slated to be the Director of CleanPowerSF, but she deflected, saying it wasn’t up to her.

We view our job as, we do what the policy makers tell us to do,” she said.

Jason Fried, executive director of the Local Agency Formation Commission, told the CAC most of the mayor’s concerns regarding CleanPowerSF have since been addressed. 

The mayor critiqued the program for relying on Shell for energy, Fried said, but now Shell is out of the picture.

cacsfpuc

Kim Malcolm presents information on CleanPowerSF to the SFPUC Citizens’ Advisory Committee.

He said the program could also possibly provide extra money for Power Enterprise, the city’s Hetch Hetchy powered hydroelectric system. 

Highlighting all the benefits of CleanPowerSF, Jess Derbin-Ackerman, a conservation organizer speaking on behalf of the Sierra Club, urged action.

This program was in the works for ten years,” she said, and “it’s largely been fought because of political attachments to PG&E.”

She noted more than four other counties in Northern California are now shifting to clean power, and San Francisco lags behind.

“Get with it,” she said, “the rest of the Bay Area is.” 

Ultimately the CAC opted to push the vote backing CleanPowerSF until its next meeting, due to absent members. The CAC’s chair, Wendolyn Aragon, supported the supervisors stalling the PUC budget.

“CleanPowerSF has been proven time and time again as a viable source of clean energy,” she told the Guardian. “But if Mayor Lee and the SFPUC Commissioners (whom he appoints) want to keep denying that … it’s time to draw a line in the sand.”

Now that the PUC’s budget has been formally rejected, the agency has $20 million in reserves that it can spend until it comes up with a budget that meets the approval of the Board of Supervisors, as the City Charter requires. In the meantime, Avalos called on Lee to negotiate in good faith with the board.

“The path forward is to negotiate,” Avalos told us. “The mayor has overstepped his bounds on this issue. He is not taking the leadership to convene us together to find a solution.”